Is It Legal To Download Youtube Captions
YouTube Copyright Rules: Tin can You Caption Public YouTube Videos?
May 15, 2019 BY JACLYN LEDUC
Updated: August 26, 2020
YouTube is a treasure trove of information, entertainment, and educational video. One of the challenges of using YouTube for education is that most public videos lack authentic closed captions, which are required for accessibility compliance.
If you desire to add captions to a YouTube video that isn't yours, commencement try contacting the YouTube channel owner and asking that they add together captions to the video.
If they decline, enquire them if they would exist willing to allow crowd-sourced captioning. This setting lets users edit YouTube's automatically generated transcript to create captions for gratis. Note, however, that this means you demand to personally edit (or check the quality of) those captions for adequate accuracy.
But what if you never hear back from the channel possessor, they turn down your requests, or you just don't have the time to expect for an respond?
Is it legal to transcribe and add captions to YouTube videos that don't vest to you?
It is – under circumstances of fair use.
What Is Fair Use?
YouTube captioning and copyright rules are governed past the principle of fair use, a key component of copyright constabulary.
While it is open up to estimation, fair utilise balances the needs of content creators with those of content users and promotes the evolution and commutation of ideas.
Whereas copyright police force is a set up of rules, fair employ is a set of exceptions of equal importance. YouTube evaluates off-white use based on on four factors: purpose and grapheme, nature of the copied piece of work, amount and substantiality, and effect on market value.
The Four Factors of Fair Use
1. Purpose and Graphic symbol (Is it transformative?)
Copyright Example Law: Google Books
In November, 2013, Google was granted a dismissal of a case brought forth by Authors Guild Inc, which alleged that the Google Books programme was in violation of copyright law.
Since 2004, Google Books had been scanning library books and making pieces of the works available online for complimentary. The courtroom decided Google'southward use was fair because it only presents a snippet of the book and does non diminish the market for the original work.
Furthermore, not only is this database a valuable research tool for the public, but the original copyrighted works go transformed when digitized since they are used in a way not previously intended.
The court also found that digitizing books was transformative because information technology enabled the books to be digitally searched and available for "data mining" or "text mining" for inquiry.
The beginning and most important factor of fair use is the purpose for using the copyrighted material.
If your apply of the content causes it to have on new significant, information technology is considered "transformative," and potentially falls under off-white use.
For example, if a music video initially meant to entertain is used to review the portrayal of women in rap civilisation, it transcends its original purpose (from entertainment to commentary), and thus is considered transformative.
How does this apply to video captions?
Calculation captions to a video makes it accessible and educational, creating new pregnant beyond the nature of the original work. Also, by applying the logic from the Google Books case (see sidebar), captions and searchable transcripts enable "text mining" of spoken content, which further transform the original work.
2. Nature of the Copied Work (Fact or Fiction?)
The factual or fictional nature of content influences fair utilise.
Factual content is more likely to be protected by fair utilise considering information technology is usually based on accepted truths. Employ of fiction is less probable to be considered off-white.
According to the United states Copyright Function, "Copyright protects the item way authors have expressed themselves. It does not extend to ideas, systems, or factual information conveyed in a piece of work."
How does this apply to video captions?
The upshot here is that you lot're on safer basis if you add captions to factual content rather than creative work. Documentary footage, lecture recordings, or news coverage of a factual nature give educators added protection if those videos are existence used for teaching.
iii. Amount and Substantiality (How much did you use?)
The third cistron of fair use evaluation deals with the amount of copyrighted textile used.
Unfortunately, this does not correlate with a specific elapsing or percentage of a video. Essentially the court asks, 'Was the amount used proportionately to your crusade?' In some cases, even a small fraction of content may capture the essence of the work and not be considered fair.
How does this apply to video captions?
Because adding captions to a YouTube video doesn't require re-publishing or editing the original video, this factor may not thing in most situations of fair use.
4. Result on Marketplace Value (Does your use bear on the maker's profit?)
The final cistron of fair use examines the effect of your use on the copyrighted piece of work, specifically in terms of its market value.
A critical facet of copyright law is the protection of intellectual holding for fiscal gain. Legal problems can ascend if your copy can substitute for the copyrighted work because consumers might not have an incentive to buy the original product.
How does this utilize to video captions?
YouTube videos are monetized past displaying on-screen ads. If y'all embed a YouTube video on a school website or learning management system with captions, its ads will still stream when it plays. Thus, yous are not impacting the earning potential of the original uncaptioned piece of work – in fact, you are adding to the revenue past generating more views!
Fair Use Myth-Busting
It's important to call back that there is no guarantee you won't be sued when yous use copyrighted material without permission. Simply fair utilise of copyrighted fabric makes for a strong defense in copyright lawsuits.
It should also be noted that no one has ever sued someone for captioning a video for educational purposes.
Now to clear up some myths about fair use:
Citation
Just citing the original content creator does non institute off-white use.
Non-Profit Use
A common off-white use misconception is that if your use is for a non-profit, it is fair. Non truthful. It's not a question of whether your organization is commercial or non-turn a profit, but of whether you are limiting the copyright holder from profiting.
Disclaimers
Disclaimers posted with the content do not protect you from copyright infringement.
Republication
Information technology is NOT fair use to republish a captioned version of a video to your own YouTube channel. This directly damages the copyright owner'south ability to profit from their work, because your video now competes with theirs for viewership.
Original Additions
If you add original content to someone else'southward work, that doesn't make the original content yours.
Legal Exemption for Captioning YouTube Videos for Education
Apart from the 4 factors of fair use, at that place is some other reason that should condolement educators. Section 107 of American copyright police states that teaching is a purpose that is considered exempt from copyright infringement.
Additional uses that qualify for exemption include criticism, commentary, parody, news reporting, scholarship, and research.
Therefore, captioning a YouTube video that is played in class or assigned to be watched for coursework would authorize every bit fair utilise.
How to Caption Public YouTube Videos that Don't Belong to Y'all
If you lot are confident that your utilise of a YouTube video will be off-white, how do you become about legally adding captions?
The simplest way is to embed the original YouTube video on a website y'all control and utilize a captions plugin that displays closed captions on peak of it. You can submit the video for transcription and captioning by copy/pasting the video URL – no illegal downloading required!
For more specific instructions, bank check out How to Explanation Someone Else's YouTube Video.
Conclusion
A strong legal case can be fabricated for characterizing third-political party YouTube video captioning as fair use.
Captions transform the video by making it accessible to people with hearing disabilities and, given the nature of YouTube, should have no adverse impact on the original uncaptioned work.
Make your videos interactive, SEO-friendly, and accessible with the 3Play Plugin.
This post was originally published on Jan viii, 2014, as "Copyright Police and Off-white Use: Is it Legal to Caption Public YouTube Videos That Don't Vest to You lot?" by Shannon Murphy and has since been updated.
This blog post is written for educational and general information purposes just, and does not institute specific legal advice. This blog should not be used as a substitute for competent legal communication from a licensed professional attorney in your state.
Source: https://www.3playmedia.com/blog/youtube-copyright-rules-is-it-legal-to-caption-public-youtube-videos/
Posted by: keatonpausay.blogspot.com
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