Jan wrote:

> Nothing stopping YouTubers from putting a cc license in and around their
> works. We don't NEED to have point-of-upload cc options to claim 'em.
> Do we?
> Naw.

And Jay wrote:

>you are absolutely correct.
>it would of course be easier if yoiutube et al helped educate people
>by offering the choice in their process. But anyone could insert a
>video post-roll of the CC license.

While I agree with the sentiment -- and indeed, that's exactly what
I've done, uploaded my videos to YouTube with CC post-rolls -- I think
we should all keep in mind that by uploading to YouTube, you're
agreeing to their Terms of Service, which supersedes any conditions
you may or may not include as part of your video.

In other words, if you include a Creative Commons noncommercial
license when you upload to YouTube, YouTube still has the right to
license your video to its business partners to show off on their
sites. As attorney Colette Vogele told me in a different context:
"Creative Commons licenses are essentially nonoperational on Yahoo!
Video." Same goes for YouTube.

(TOS comparison: http://www.ourmedia.org/node/283309)

Perhaps the members of this list, together with Creative Commons,
should launch a petition campaign to persuade YouTube to include CC
licenses as an option when we upload to YouTube.

jd lasica
ourmedia.org
socialmedia.biz

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