Posting videos on YouTube is commercial use. Even if you earn no money, the intent is almost always to “grow the channel” to the point where you can monetize it, sponsorships, brand deals, etc.
Commercial use in most jurisdictions is handled differently from the “free speech” exception. There are generous carve outs for art though. Which is interesting. If I sell a photograph it’s art but if I sell it to an ad agency for use on a billboard it’s commerce?
But the world we live in is so changed, it is a very recent change where taking a photograph was almost always a 1:1 photo to print ratio. It’s very new the idea that everyone is carrying around an internet connected video camera that can publish live to billions of people. This absolutely changes the calculus and laws should be updated accordingly.
I don’t know what that should look like but it seems we should acknowledge that this activity is primarily commercial (clout is marketing and/or brand value a/k/a goodwill in accounting parlance) and that laws intended to protect art making maybe don’t / shouldn’t protect this form of commerce as much as they seem to presently.
To be clear: if you are in public and someone takes a recognizable photo of you eg your face and uses it to sell perfume congratulations on being beautiful and also call a lawyer because that use is not protected just because you were in a public space.
But you can make a print hang it in a gallery and sell it for whatever price you want. (AFAIK). Maybe there’s more nuance— could you put it in a book of your work and sell it? On the cover? Make postcards? NFT’s (remember those?) etc.
Anyway there are already limits and we should maybe enforce the ones that we have in some of these circumstances. I wonder if it’s already happening- I can’t be the first person to view this activity as commercial right? There must already be precedent somewhere.
Just like how every YouTube gear review says “company X sent me this but they have no say and no money changed hands” is pretending it’s not a sponsored video. It’s absolutely a sponsored video.
1. You are paid for views
2. People watch reviews on “release day” aka embargo day
3. If you get the product later you will have less views and less money, and you will miss the window of product hype cycle.
So just like every not sponsored review video is absolutely sponsored live-streaming a kids birthday or whatever is commercial and you need model releases. I guess these people will have to post notice of filming warnings at the door along with the balloons.
Commercial use in most jurisdictions is handled differently from the “free speech” exception. There are generous carve outs for art though. Which is interesting. If I sell a photograph it’s art but if I sell it to an ad agency for use on a billboard it’s commerce?
But the world we live in is so changed, it is a very recent change where taking a photograph was almost always a 1:1 photo to print ratio. It’s very new the idea that everyone is carrying around an internet connected video camera that can publish live to billions of people. This absolutely changes the calculus and laws should be updated accordingly.
I don’t know what that should look like but it seems we should acknowledge that this activity is primarily commercial (clout is marketing and/or brand value a/k/a goodwill in accounting parlance) and that laws intended to protect art making maybe don’t / shouldn’t protect this form of commerce as much as they seem to presently.
To be clear: if you are in public and someone takes a recognizable photo of you eg your face and uses it to sell perfume congratulations on being beautiful and also call a lawyer because that use is not protected just because you were in a public space.
But you can make a print hang it in a gallery and sell it for whatever price you want. (AFAIK). Maybe there’s more nuance— could you put it in a book of your work and sell it? On the cover? Make postcards? NFT’s (remember those?) etc.
Anyway there are already limits and we should maybe enforce the ones that we have in some of these circumstances. I wonder if it’s already happening- I can’t be the first person to view this activity as commercial right? There must already be precedent somewhere.
Just like how every YouTube gear review says “company X sent me this but they have no say and no money changed hands” is pretending it’s not a sponsored video. It’s absolutely a sponsored video. 1. You are paid for views 2. People watch reviews on “release day” aka embargo day 3. If you get the product later you will have less views and less money, and you will miss the window of product hype cycle.
So just like every not sponsored review video is absolutely sponsored live-streaming a kids birthday or whatever is commercial and you need model releases. I guess these people will have to post notice of filming warnings at the door along with the balloons.