When a person opens a channel Youtube or inside Throbbing There is always the question of whether you can use other people’s content to build on your own, such as music. But what do these platforms say about the opposite case, the protection of content that this user generates, which is born of his own authorship and which may reach other applications or communication media.

As the works grow, as streamers or influencers, this is a topic they need to know to take care of their works, because of the importance of consolidating them and how easy it is to replicate elsewhere.

A prime example of this is what happened when Ibay Llanos spoke to the former coach of the Spanish national team, Luis Enrique. Then the TV channels of that country recorded the live broadcast and broadcast it live. Although there was never a complaint from the streamer, users wondered if this was possible, or if it had legal implications for copyright, copyright and broadcasting rights issues.

The law protects the works and the author

Although each country has its own legislation that leads to different consequences and actions when it comes to copyright issues, there is a basic concept of everything: “When someone creates something, be it audiovisual content, content on platforms, a photo or a song, the rights from that moment is purchased and he is the owner,” Juan Miguel Cifuentes, a lawyer with a master’s degree in intellectual property, told Infobae.

This means that in principle no one needs to go through a legal process to prove ownership of the content, just to publish it and it follows from their authorship. Therefore, the use of these publications in other channels or media requires prior permission or agreement to avoid infringement.

But in the case of formats on audiovisual platforms such as Youtube i ThrobbingYou will need to log in to look at certain points in the regulations for each, as this is where the trail opening begins.

Twitch Rules

The first thing the platform says Amazon is that copyright will be protected and used depending on the nationality of the streamer and the place of publication, so each case has many peculiarities.

But alongside this protection, the app has a sublicense for the content created there. “Throbbing Contractually grants itself a license to the content streamers distribute on the platform. Then you can do any kind of exploitation outside of Twitch, such as granting other licenses and making profits. “- he said. Sorin Vilceanulawyer A bird and a bird.

Which opens the door to different situations, because the content creator can also license their formats separately and outside the platform, without knowing that the app is doing it with other partners, or that it has already done it and is resubmitting it. Content without your consent, even if you have already provided it when you agreed to the Agreements when creating an account.

But at the same time, the streamer can know it’s happening and change the terms, because they don’t use the broadcast advantage to restore the power of the content.

So, “You can either do nothing, or you can trade yourself. I mean, it’s not Throbbing Just negotiating your rights is that both are possible at the same time. The streamer can negotiate independently and across the platform, but if the creator wants the app out of the equation, they’ll have to negotiate with it, remove that condition, and be the only one negotiating their rights. Vilceanu said.

All this in case of retransmission by a third party, because directly on the platform it is possible to report any copy of the content and download it.

YouTube Rules

platform Google It is very emphatic about protecting its own content, that is, it cares about the author’s work in the application itself, not about what happens with third parties.

“We can only manage content under our platform,” he replied Youtube A infobaeWhich makes it clear that third parties who want to transfer content from the platform “can only do so if they have the rights.”

In the case of infringement, it is the creators of the work who should seek outside help for the case, he says Juan Miguel Cifuentes with the situation they were in Colombia.

“One of our clients is an audiovisual producer who uploads videos using a technology called Timeland. So, a TV channel created a soccer championship and to promote it, they filmed some footage published by our client in Bogotá. “- he said.

In this case, they filed a copyright infringement lawsuit because they modified and used the work without prior permission, “violating the moral right of good faith,” and eventually reached a settlement agreement.

A case explaining the scope of the app’s rules and ensuring that “it is solely responsible for scanning content on our platform” and that streamers or content creators are the owners of all the work they publish.

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