1. Control
Once you upload a video onto video sharing sites, your control over circulation of the video will be extremely limited. In fact, you will often lose control over the video altogether. Users cannot only use the functionalities on the site itself (share, embed and comment on videos) but can also use other software and web tools to download copies of your video, and in extreme cases, edit your video in a manner which may be unpalatable to your organization.
More recently, YouTube developed a new function which allows users to post ‘video comments’ on clips which provides even greater scope for distortion of your original message.
In the Web 2.0 world, the user is king and it is very difficult for organizations to make inroads to restrict access to their material or prevent users from engaging in citizen journalism on third party controlled websites.
2. Contractual issues – Sites Terms of Use
From a legal perspective, it is critical that you consider Terms of Use before uploading your video onto the site.
Terms of Use prohibit any "commercial use" of the site except to generally "promote your business or artistic enterprise". Therefore, use should be avoided for contests which require payment of an entry fee or campaigns which are targeted at promoting commercial blogging or video sharing. Similarly, if you intend to embed your video onto your own website which charges users for access, this may breach the prohibition on commercial use.
Example in YouTube, You should also be aware that the Terms of Use state that all risks and liabilities associated with use of the site rests with the user and YouTube expressly excludes any claims against it for use of your videos or user actions such as comments which cause damage to your organization or could be defamatory.
3. Copyright and Moral Rights
In YouTube, Terms of Use provide that each user grants a license both to YouTube and to all YouTube users to make use of their video submissions including the right to use, reproduce, distribute, prepare derivative works of, display, and perform your video.
Accordingly, you must ensure that copyright permissions have been secured for all videos and materials which are uploaded onto the site and that these permissions cover all uses contemplated by the Terms of Use. It is also important to consider whether you have the right to sub-license any content which is being used from a third party (for example, where campaigns utilize licensed film or television content which are not owned by your organization) as the Terms of Use require you to grant a license for all content.
If you are sourcing content from a third party, the license between you and the provider should allow you to sub-license your rights to YouTube and YouTube’s users. The license should also make it very clear that the material being licensed may be used on Web 2.0 applications such as YouTube and the duration of the rights granted is sufficient for the life of your campaign. If your advertising agency is securing your content, you should ensure that the copyright and licensing issues have been adequately addressed before you make use of the content.
In some countries like Australia, authors of copyright works and performers have moral rights in their works and performances. Prior to uploading a video, it is critical that you obtain written moral rights consents and waivers from all authors and/or performers who may have rights in the video or underlying works.
4. Monitor and take action
Finally, it is critical that you regularly monitor the presence of your video to ensure that it is not being misused in any way. Whilst there is little you can do to control others’ comments, one option which is always available is to remove your clip. Often the uptake occurs very quickly which means that hourly (or at least daily) monitoring may be required.
http://www.adasiaonline.com/listingsEntry2.asp?ID=849&cid=170&t=articles&PT=articles&PTS=Features&F=articles
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