H.I. No. 2: Copyright Not Intended: Difference between revisions

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'''Brady:''' Right.
 
'''Grey:''' Um, which might not be the impression that everybody gets from my videos based on the comments.
 
'''Brady:''' Definitely, definitely not. That-
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'''Grey:''' [chuckles] Well, when you start- when you start having to do a lot of these things, you find a way to do it faster.
 
'''Brady:''' That- we should do that as a podcast one day, "Grey's efficiencies", 'cause you've told me about other ones in the past that you do, that I completely love, so, we must make a note of that, but anyway,-
 
'''Grey:''' I imagine that will either be the most awesome or the most boring episode ever. But,-
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'''Brady:''' -is to say "I'm using this under fair use".
 
'''Grey:''' Ah, yeah, as though those words themselves are just the magic incantation that makes it fair use.
 
'''Brady:''' Yeah, exactly, and also, you know, "a word like fair means it must be fair",-
'''Brady:''' Yeah, exactly, and also, you know a word like fair means it must be fair right I think I think that is something people are really exploiting in an unfair way and it's and again I don't think you know I think fair use has become the new way of saying well I couldn't possibly have made this myself or I couldn't have shot this myself or obtained this myself and therefore once I reach the point where I can't do it myself it is fair for me to take it from someone else yeah and I don't think that's what fair use means or the other thing I think people started doing is because you know some of us are in a position where we've managed to create a piece of footage or something that is nice or exceptional people think gee I'd love to use that in one of my videos that would that would help make me successful I will build my video around that and then call the right fair use you know this is obviously the case for you know people like Destin and and myself to an extent when we when you start using high-speed cameras oh yeah yeah some of some of the stuff that you guys have made I mean that it that's some serious equipment to get those shots yeah they don't just they don't just happen yeah and but then someone will just take this and say well I'm using this under fair use when clear they're just using it because you know they think it's in their interest to have something exceptional in their video and you know this is I think people are being really naughty with fair use these days and you know I'm not a lawyer either and I certainly don't want to get into an argument with the sort of people who hide behind fair use because they tend to be quite difficult people from my experience but but I do think this fair use thing spic is being a bit silly you know I mean I have used things under fair use and I think there's a way to do it and a way not to do it and some people are I doubt in the way not to do it yeah I mean I'm I just I just pulled up the sort of the guidelines for fair use the United States you know and there's there's a bunch of things again not a lawyer but the the the ones that I think are the most relevant here or is you know whether or not the person who's using your material is doing it commercially that's a that's an immediate count against it possibly being fair use right yeah are you running ads on your channel using somebody else's stuff well guess what you're gonna have a way harder time proving that that's fair use but the one that I think is really relevant is again this is for the US courts is whether or not the other person's use affects the market for the original material hmm and so I think that this example is yeah like what happens to me where sometimes I see organizations use a section of my video yeah right and maybe a couple you know seconds of my video would be totally fair use but if you take the core explanation part and play that I'd that's an argument for saying like you have just appropriated the reason people would watch the thing in the first place yeah or they're like with some of those slow-motion videos that are amazing right the bitty the video that you made is built around that slow-motion part and so if somebody else uses that that sounds a whole lot like it doesn't matter if it's only a two second clip if it's the heart of what the original thing was that strongly counts against it possibly being fair use yeah so I you know I try to when I use stuff I try really hard to keep those guidelines in mind and it's like in that copyright video I have a a single note you know the opening note from Star Wars yeah and I look through the guidelines and it's like okay I am using it for commercial which counts against me but there is there is no there is no Court in the United States he was ever going to argue that somebody watched my copyright video and didn't feel the need to watch Star Wars because the opening note was in it yeah right I have not replaced or stolen the value from Star Wars by using that opening note but even still like i-i've I thought even very long and hard about even doing that but yeah it's ultimately with the fair use stuff what makes it so hard is that there there isn't a solid guideline that you can use like the the ultimate arbiters is a court a court of law and that's that's just uncomfortable for everybody yeah and and oh yeah and you know and who wants to get lawyers involved I mean yeah it's pretty easy stealing stuff from YouTube isn't it because you know we haven't got much money we don't we can't be employing lawyers I don't often see them stealing like you know Game seven of the World Series and putting that up on YouTube is fair use right I know they're going to get it in the neck but they grow they'll pinch it from people who they know won't take them on yeah I will straighten yeah it hit his face just frustrating yeah I was just going to say very quickly that the the worst I will not name specific names for various reasons but the worst worst I have found at stealing my stuff are newspapers by far so the online editions of newspapers yeah are that are the the most shameless takers of YouTube contents like I cannot believe how shameless they are available I've got a nice little set of tricks they used to like every time yeah like the whole I love one of my favorites is they'll take the video like put it into their own player so they can commercially exploit it put up on their newspaper and you know and you know within that 24 hours that you contact them and say what the heck are you doing mm-hmm you know at the very least could you embed the YouTube my YouTube video so that at least that you know if you want to showcase the video you don't need to put on your play and they'll be like ah sorry sorry it was a mixup they always say as a mixer it's a mix of every time every time it I've got like it's happened dozens of times yeah it's always a mix-up we meant to put the embed embedded Udrih video in we'll replace it now so they take out their version in the player and replace it with your Youtube version but of course by then it's no longer on the front page of the of the website and all the impressions have happened and all the traffic has gone away yeah that's exactly they know the first 24 hours are the ones that are the valuable ones and so they'll just delay and delay until they can see the traffic has dropped off and you know then then the place it if you're lucky but yeah news newspapers are by far the worst and my guess here's my guess about this is that I think they're under just tremendous financial constraints because of changing technology yeah but they also don't have the same kind of oversight that a TV news organization would have right I think a TV news organization would have enough infrastructure to say listen guys let's not risk this you know we're in the video industry world this is a bigger problem and so I think newspapers are at this interesting crux where they're just they're under a lot of pressure and maybe don't have the same kind of oversight as video news would but anyway that's just I always like to complain about the news if I possibly can and newspapers you know it's not exactly they're not earning my love with a baby tree another youtuber who's a who we both know who I won't name but he's had that happen to him a lot as well and he um he's starting to get a bit more hard about it and then writing to the papers and saying yeah okay buddy thanks replacing it but that's not good enough you need to pay me a fee for what you just did and he's had some success with that and they've started to say okay so I think they kind of maybe they're realizing but it's scandalous and the lies and anyway I'm not going to say on I mean I used to work for a tabloid newspaper you know I'm I'm not going to sit here in whinge about newspapers no we're well eventually we'll talk we will yeah we were led to it and then we can let it all pour out it all pour out there very naughty very naughty there very naughty about her and they're very sparing in their giving of you know links or credit as well you know I had one I had one video that was oh I could say what video was it was the one where I went into the the Bank of England gold bullion vault and obviously that was that's not an thing you see every day so a few people wanted to use and I had one newspaper contact me and say can we use the video in an article and we want to put it in our own player and I said well no can you please use the YouTube player so that if people watch surely no they're going to watch the same video anyway and they were like okay we'll think about it and because I forget he specifically told them they couldn't put it in their player and it was in a conversation so they couldn't back on that and instead I think they must have taken 1015 screengrabs mm-hmm and just made a huge picture gallery of all the pictures from it's like yeah goodness sake so naughty anyway okay so what while we've been complaining about all of these these things okay we are a couple of grumpy admin right now we might never be stuff right now we are if anyone is still survived listening through the complaints of youtubers right first world youtuber problems thank you happy right issues yeah I would just go I would go back to one of the little notes that I wanted to make is the advantage of allowing copyright to expire and you know you talked about why should people be able to build on on george lucas's stuff yeah you know as an example and I think what some examples of this which is very interesting it like you can retell stories in much more interesting ways and I have I have two examples that I really like okay the first one this might be slightly embarrassing but we could admit it anyway is the I think is 1996 movie called clueless starring Silverstone yeah not that film um which is one of those movies when I first saw it I know I thought this was just the dumbest movie ever made and for anyone who hasn't seen it I highly recommend that you do watch it but it is on the surface it is basically a movie about the dumbest California Valley Girls you've ever seen yeah and and the exploits of their life however later on I came to find out that the that clueless is a remake of Jane Austen's Emma right that it it is the exact plot of Emma just moved to this different setting and once you know that I think the movie clueless becomes kind of brilliant um I think it's they're so sloppy though isn't it that's like oh I wasn't willing to admit I liked this film until I realized was based on something old well Amos yes III will totally admit that that that does sound terrible cuz I've often heard it said anyway the sort of jane austen stuff was considered reasonably not that highbrow at its time as well so yeah I've heard that kind of stuff um Mercy's fallacies yeah I don't I don't know either but um I've heard similar things and of course you know thing things gain respect through time you know just because it's old it's it's sort of awesome um don't get me started on on Shakespeare um but so I but so this is an example where I think clueless is the kind of movie that could be made right because the copyright on Emma had expired yeah and you can do interesting things with that story by moving it to a different setting and I think that there there is cultural value in being able to do new things with iconic characters right that I think at a certain point very successful films and very successful books they become part of the culture and and that is also why I'm kind of very much for some eventual limit on copyright that so them so that more can be done with these things in the future I'm a second example that I have which I only recently discovered and then I had one of these binge watching sessions is the BBC's remake of Sherlock the Sherlock Holmes series how good if I have you said you seen them oh they they're awesome so I think actually as we are talking the season 3 finale is airing on the BBC right now which I'm looking forward to yeah but I basically only discovered these about a month ago yeah and I watched the first one and as and I was like I I can't stop watching how right I have to keep watching this and I and I've just binge watched the first two and a half seasons available at that point and it was great and I think that this is another example of like Sherlock Holmes is so much more than the original author ever intended him to be right he's like he is such a part art of the like the Anglosphere culture at this point that I think that it is fair enough to say that that his character belongs in the public domain and other people can do things with this kind of story I mean Sherlock might not be the best example because I know there's lots of clever nuanced - nods to the Conan Doyle books but is this not just a case again I know sure that's not the best example but I'll run with it is this not a case of someone you know some clever story tellers and good actors and good directors making a brilliant piece of film something that's compelling but then just appropriating a famous name and brand that has worked its way into culture to help sell their product I mean you could you could make a bunch of rip-roaring detective films just like that about you know a guy and his assistant hmm that would that would on the surface be just as good but less people would watch it because it hasn't got an iconic name like Sherlock and things like that so in some ways I see what you're saying they've built your building on things and you're building on things in culture in other ways I think they're just being there being a bit lazy they're making something good but then they're appealing to our culture which doesn't like anything and this is already famous and stamping that honour in much the same way when you make a science documentary on the BBC no matter what the topic is you're like well we can't do this unless it's someone who's already famous presenting it there is stamping Fame on things because our culture is so obsessed with Fame I I think I think that's getting off into a different argument slightly about about Fame right yeah and also I think the you know there's some great there's some great charts about the number of sequels right that have been made in movies recently and and this similar kind of idea right that people want to buy what they already know yeah and my my opinion on the bad sequels thing is like I don't care how many bad sequels are made I only care about the good sequels because I don't have to watch the bad sequels yeah and my opinion is that yeah there's a bunch of stuff that's made that people watch it because it's Sherlock Holmes and now I have another great Sherlock Holmes example which is the Robert Downey jr. Sherlock Holmes movie right which I watched only because it was a Sherlock Holmes movie yeah I started to watch it for that reason I had to stop after about yeah minutes but yeah there's no reason I would have watched that movie if it was not a Sherlock Holmes movie as like I found it moderately enjoyable but they would have not gotten my money if it was not for a Sherlock Holmes name on it right because I've read the Sherlock Holmes stories like and I'm interested in this and so I wanted to see that interpretation which like yeah it's okay but you know I didn't watch the second one um but to me the the BBC Sherlock is is like the shining example of what you can do and I think that those those stories are great they're made better because it's Sherlock Holmes because you can see like what changes have they made to these characters or what have they kept the same you know what's different now that they've moved it into a modern setting that's a fair point I think it gains value from contrasts with the originals that it wouldn't have if it was a standalone piece yeah and so that's why I think it's it's great that people can do this and although it will it would never happen I would love it if there was um you know if I say the copyright limit was 60 years that when I was older I could watch somebody redo the original Star Wars movies III think that like there is room for them to be redone in an awesome way but with current copyright lasting forever that will never happen you know and and that that will never be able to occur yeah so we just have to put up with how George Lucas himself matey's new films yeah and again that this is why George Lucas is always like the easy one to pick on right because he made new Star Wars movies and they have been generally they have been generally panned and here's the thing right like generally pay that was a very yeah diplomatic stayin job but but here's the things like I I don't hold any grudges against him and and here's one of the other things with going back to like what allows us to make our living the control over the distribution this Star Wars comes up for a very particular reason copyright debates and it's it's partly because the power of the control of the distribution is what has allowed George Lucas to basically prevent showings of the original Star Wars movies as they first aired yes right and this this again is like could not be a more first world kind of problem yeah but if you are a person who kind of cares about the cultural history of the world you know if you're looking at movies for example Star Wars is undoubtedly a moment in that cultural history yeah but you cannot get the original versions of those Star Wars very naughty it's very naughty of amuse enough yeah and I think that's where a lot of the resentment comes from is people saying you know nobody begrudges making those new movies is like oh god you know or I think nobody writes a grudge a little bit I I would say I hold no I hold no ill will in my heart for the making of those movies like he this is the same thing they just they in my mind just fall into the category of the bad things I don't have to watch the bad things I saw them once I will never see them again but what I know I've been watching but it but if you see them once I'm sorry I know this isn't about Star Wars I've been watching the originals again lately because they're on telly and I love them so I watched them and things that happen in the originals now kept giving me flashbacks to those subsequent prequels and it was tainting the originals for me because I was thinking uh they just they just don't exist um okay anyway go on yeah so I was just also not related but one of my podcasting heroes a guy called John siracusa who I adore he is a huge Star Wars nerd and he has kids and what I love is that he has simply deny the existence of the original three movies within his household so how fun were they well he knows that they will but his strategy apparently is to have his kids exist long enough without ever having seen them that they will be able to distinguish between the good originals and the terrible prequels because I ran across this in my students enough work where kids who saw them in similar time frames we're not necessarily able to distinguish ones from the other which is horrifying to me yeah um but anyway we're getting derailed so what I would say is is like that that is one of the problems is that this power of the control of distribution in this one particular case has has led to some cultural problems yeah and and that's that is that is the reason why I picked George Lucas as an example in my video is because this is such a fundamental problem it's like if there were limited copyright there would be hope of the original format of the movies entering back into into the world and this is one of the reasons why Congress has extended copyright protections is because their argument is it gives the creators encouragement to preserve their original works for longer and there's some interesting data that says that's not actually the case that what happens is the original works just get lost over longer periods of time but in this particular case with George Lucas it's also very obvious that the original work gets distorted and you know it is increasingly hard to try and find as it aired in 1977 versions of the original movie I personally have never seen this thing but I have heard that on the Internet you might be able to find somewhere a thing called Star Wars despecialized edition x' where superfans have taken the current Star Wars movies and tried to make them as close as possible to the original cinematic releases as they happen again I would not know of where to acquire such a thing because it would obviously be copyright infringement um and it would be frowned upon that as creators esos as I created myself I could never condone such an action for such an incredibly important historical thing that I personally love you know so I will I will take the high road here but I'm just like throwing it out there that there exists this thing called the Star Wars despecialized edition I'll tell you something else yeah I mean obviously I'm imagining you've seen people versus George Lucas the film I actually have not well I highly highly recommend that it's on my list as I'm not so during what we just discussed I can't recommend that highly enough but also for people out there who are probably like grey and I and spend way too much time reading Wikipedia articles reading it the story of the Zapruder film of the Kennedy assassinated it comes to you know copyright and ownership of material and things like that's a really interesting story well I'm sure we won't go into it now but if if I after this podcast people wouldn't go and read something that's a good read as well yeah let me ask you a final question because obviously we've been going for over here if you were going to make another copyright video then or remake your original one of course you would preserve the original for the archives but I don't know I worry differently is there anything you'd say differently or do you do you think you pretty much have the same position I I was thinking about that earlier today and I don't know that the argument that I want to be made can be made within the context of the of the kinds of videos I put on YouTube a coherent argument for limited copyright is hard to make because I I think that it is or it is a real gray area of law it requires a large amount of time and it's also a topic that there is no clearly correct answer and as a as a little example I just want to throw into to put that point there's a thought process that I learned what I was doing physics back at University and it's this question of in certain situations take the problem to infinity and take the problem to zero and so say you know what would a world be like if we had infinite copyright if Congress just said oh the heck with these extensions we're just literally going to make it forever yeah you know or we have a world where Congress says you know no copyright at all zero and when I think of those two worlds if I had to pick I pick the world with the infinite copyright right I think there would be there would be problems with that but I think that is preferable to a world with zero copyright protection and so that that that is kind of one of the ways that gets me to this I am for limited copyright protection I am NOT for no copyright protection but I'll put a link in the blog post for this episode but there is a very very interesting TED talk by a woman talking about the fashion industry and how in the United States at least fashion designs do not have copyright protection at all so the fashion industry is a world where there is ZERO copyright hmm and she makes a very convincing argument that this is nothing but beneficial to the fashion world because it encourages tremendous turnover of styles right that if one company comes out with a particular style of dress there's a delay in time before other companies can come out with it too simply because of ramping up manufacturing capabilities yeah but it means that everybody has to keep generating new things much more quickly and this is this leads into my like well it's hard to have a definitive opinion because I am convinced that the fashion industry is better off without having copyright protection and I think there's some very specific reasons why that's the case but I don't I don't think that same argument applies in other creative fields so it's a it's a very complicated very complicated issue I think if nothing else we have shown that it is complicated yes as always it has been a pleasure all right I will lik start yeah catch you next time all right we got to forget a few things to discuss for next time we're ready I'm making some notes let's go go do you Mac catch you look good all right take care man bye
 
'''Grey:''' Right.
 
'''Brady:''' -I think- I think that is something people are really exploiting in an unfair way, and it's- and again I don't think, you know, I think fair use has become the new way of saying "well I couldn't possibly have made this myself", or "I couldn't have shot this myself, or obtained this myself, and therefore, once I reach the point where I can't do it myself, it is fair for me to take it from someone else".
 
'''Grey:''' Yeah.
 
'''Brady:''' And I don't think that's what fair use means. Or, the other thing I think people started doing is, because, you know, some of us are in a position where we've managed to create a piece of footage or something that is nice or exceptional, people think "gee I'd love to use that in one of my videos, that would- that would help make me successful; I will build my video around that, and then call that-
 
'''Grey:''' Right.
 
'''Brady:''' -fair use". You know, this is obviously the case for, you know, people like Destin and- and myself to an extent when we- when you start using high-speed cameras, uh-
 
'''Grey:''' Oh yeah, yeah, some of- some of the stuff that you guys have made,- I mean that- that's some serious equipment to get those shots, uh-
 
'''Brady:''' Yeah.
 
'''Grey:''' -they don't just- they don't just happen.
 
'''Brady:''' Yeah, and- but then someone will just take this and say "well, I'm using this under fair use", when clearly they're just using it because, you know, they think it's in their interest to have something exceptional in their video, and you know, this is- I think people are being really naughty with fair use these days, uh, and you know, I'm not a lawyer either, and I certainly don't want to get into an argument with the sort of people who hide behind fair use, because they tend to be quite difficult people from my experience, but-
 
'''Grey:''' Yeah.
 
'''Brady:''' -but I do think this fair use thing is be- is being a bit silly, and I- uh- I mean- I have used things under fair use, and I think there's a way to do it, and a way not to do it, and some people are, uh, are-
 
'''Grey:''' Yeah.
 
'''Brady:''' -are doing it in the way not to do it.
 
'''Grey:''' Yeah, I mean- I- I'm- I just- I just pulled up the uh, the sort of the guidelines for fair use the United States, you know, and there's- there's a bunch of things, and again ''not a lawyer'', um, but the- the- the ones that I think are the most relevant here, or, um, is you know, whether or not the person who's using your material is doing it commercially. That's a- that's an immediate count against it possibly being fair use, right?
 
'''Brady:''' Yeah.
 
'''Grey:''' Are you running ads on your channel using somebody else's stuff? Well guess what, you're gonna have a way harder time proving that that's fair use.
 
'''Brady:''' Hmm.
 
'''Grey:''' Um, but the one that I think is really relevant is, um, again this is for the US courts,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -is whether or not the other person's use affects the market for the original material.
 
'''Brady:''' Hmm.
 
'''Grey:''' And so I think that this example is,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -like what happens to me where sometimes I see organizations use a section of my video,
 
'''Brady:''' Yeah.
 
'''Grey:''' -right? And maybe, a couple, you know, seconds of my video would be totally fair use, but if you take the core explanation part, and play that, right? That's an argument for saying like, you have just appropriated the reason people would watch the thing in the first place.
 
'''Brady:''' Yeah.
 
'''Grey:''' Or, they're like, with some of those slow-motion videos that are amazing, right? The bideo- the video that you made is built around that slow-motion part, and so if somebody else uses that, that sounds a whole lot like, it doesn't matter if it's only a two second clip, if it's the heart of what the original thing was, that strongly counts against it possibly being fair use.
 
'''Brady:''' Yeah.
 
'''Grey:''' Um, so I- you know, I try to- when I use stuff I try really hard to keep those guidelines in mind, and it's like in that copyright video, I have a- a single note, you know, the opening note from Star Wars,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -and I look through the guidelines, and it's like: Okay, I am using it for commercial, which counts against me, but there is- there is no- there is no Court in the United States who was ever going to argue that somebody watched my copyright video, and didn't feel the need to watch Star Wars,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -because the opening note was in it,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -right? I have not replaced or- or stolen the value from Star Wars by using that opening note. But, even still, like, I- I've- I thought even very long and hard about even doing that. Um, but, yeah it's- ultimately with the fair use stuff what makes it so hard is that there- there isn't a solid guideline that you can use, like the- the ultimate arbiters is a court, um, you know, a court of law and, that's- that's just uncomfortable for everybody.
 
'''Brady:''' Yeah, and- and also- yeah, and, you know- and who wants to get lawyers involved, I mean,-
 
'''Grey:''' Yeah.
 
'''Brady:''' -it's pretty easy stealing stuff from YouTube, isn't it? 'Cause you know, we haven't got much money, we don't- we can't be employing lawyers; I don't often see them stealing, like, you know, game seven of the World Series and putting that up on YouTube as fair use,-
 
'''Grey:''' Right.
 
'''Brady:''' -'cause they know they're going to get it in the neck, but they-
 
'''Grey:''' Right.
 
'''Brady:''' -uh, they'll- they'll pinch it from people who they know won't take them on.
 
'''Grey:''' Yeah. I- I will-
 
'''Brady:''' It's frustrating.
 
'''Grey:''' Yeah, it- it is frustrating. Um... yeah I- I was just going to say very quickly that the- the worst (I will not name specific names for various reasons) but the worst, worst I have found at stealing my stuff, are newspapers, by far.
 
'''Brady:''' Ohh...
 
'''Grey:''' So the online editions-
 
'''Brady:''' Ohh...
 
'''Grey:''' -of newspapers-
 
'''Brady:''' Yeah.
 
'''Grey:''' -are that- are the- the most shameless takers of YouTube content, like, I- I cannot believe how shameless they are sometimes. Um,-
 
'''Brady:''' They are unbelievable, and they've got a nice little set of tricks they use too, like, every time.
 
'''Grey:''' Yeah.
 
'''Brady:''' Like, the whole- I love- one of my favorites is they'll, uh, take the video, like, put it into their own player so they can commercially exploit it, put up on their newspaper-
 
'''Grey:''' Right.
 
'''Brady:''' -and, you know, and, you know, within that 24 hours that you contact them and say "what the heck are you doing?",-
 
'''Grey:''' Mm-hmm.
 
'''Brady:''' -you know, "at the very least could you embed the YouTube- my YouTube video, so that at least the- you know, if you want to showcase the video you don't need to put on your player",-
 
'''Grey:''' Yep.
 
'''Brady:''' -and they'll be like "oh, sorry, sorry it was a mixup", they always say-
 
'''Grey:''' Right,-
 
'''Brady:''' -it was a mixup.
 
'''Grey:''' -it's a mix of every time.
 
'''Brady:''' ''Every time''. It- I've got- like- it's happened dozens of times.
 
'''Grey:''' [chuckles] Yeah,-
 
'''Brady:''' It's always a mix-up, "we meant to put the embed- embedded YouTube video in,-
 
'''Grey:''' Right.
 
'''Brady:''' -we'll replace it now", so they take out their version in the player, and replace it with your YouTube version, but of course by then it's no longer on the front page of the- of the website and all the impressions have happened and all the traffic has gone away, and oh,-
 
'''Grey:''' Yeah that's exactly it. They know the first 24 hours are the ones that are the valuable ones,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -and so they'll just delay and delay until they can see the traffic has dropped off, and, you know, then- then they'll replace it if you're lucky. Um, but yeah news- newspapers are by far the worst, and my- my guess- here- here's my guess about this: Is that- I think they're under, just tremendous financial constraints because of changing technology,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -but they also don't have the same kind of oversight that a TV news organization would have.
 
'''Brady:''' Yeah.
 
'''Grey:''' Right? I think a TV news organization would have enough infrastructure to say "listen guys let's not risk this", you know, "we're- we're in the video industry world, this is a bigger problem" and so I think newspapers are at this interesting crux where they're just,- they're under a lot of pressure, and maybe don't have the same kind of oversight as- as video news would, but, anyway, that's just- I always like to complain about the news if I possibly can, and-
 
'''Brady:''' Oh no...
 
'''Grey:''' -newspapers, you know, [laughs] they're not exactly- they're not earning my love, with the way they treat YouTubers.
 
'''Brady:''' Another You- another YouTuber who's a- who we both know who I won't name, uh, but, he- he's had that happen to him a lot as well, and he, um, he's starting to get a bit more hard about it, and then writing to the papers and saying, "yeah, okay buddy, thanks for replacing it but that's not good enough; you need to pay me a fee for what you just did", and he's had some success with that, and they've started to say "aw, okay", so I think they kind of- maybe they're realizing, but it's- it's scandalous, and the lies, and the- anyway I'm not going to sit here and-
 
'''Grey:''' [chuckles]
 
'''Brady:''' -I mean, I used to work for a tabloid newspaper, and, you know, I'm- I'm not going to sit here in whinge about newspapers.
 
'''Grey:''' [chuckles] No, we will, eventually we'll talk about the news,-
 
'''Brady:''' We will, yeah, we will eventually [inaudible]
 
'''Grey:''' and then you can let it all pour out, let it all pour out.
 
'''Brady:''' They're very naughty, they're very naughty, there very naughty about it, and they're very, um, sparing in their, um, giving of, you know, links or credit as well, you know.
 
'''Grey:''' Yeah, yeah.
 
'''Brady:''' I had one, I had one video that was, um- oh, I could say what video it was, it was the one where I went into the- the Bank of England gold bullion vault. Uh, and obviously that was- that's not an- a thing you see every day,-
 
'''Grey:''' Right.
 
'''Brady:''' So, a few people wanted to use it, and I had one newspaper contact me and say "can we use the video in an article", uh, "and we want to put it in our own player" and I said "well, no can you please use the YouTube player so that if people watch it, you know-"
 
'''Grey:''' Mm-hmm.
 
'''Brady:''' "-they're going to watch the same video anyway" and they were like "oh, okay, we'll think about it", and because I'd specifically told-
 
'''Grey:''' Let me guess... [chuckles]
 
'''Brady:''' [chuckles] -I'd specifically told them they couldn't put it in their player, and it was in- in a conversation, so they couldn't go back on that, and instead I think they must have taken... ten, fifteen screengrabs-
 
'''Grey:''' Mm-hmm, mm-hmm, yep.
 
'''Brady:''' -from it and just made a huge picture gallery-
 
'''Grey:''' Mm.
 
'''Brady:''' -of all the pictures from it. It's like, yeaugh! Goodness sake! So naughty. Anyway...
 
'''Grey:''' [chuckles] Okay, so, while- while we've been complaining about all- all of these- these things, I will-
 
'''Brady:''' [chuckles] We are a couple of grumpy old men-
 
'''Grey:''' Right, right.
 
'''Brady:''' -now we should probably stop.
 
'''Grey:''' Right, now we are. If anyone has still survived listening through-
 
'''Brady:''' [giggles]
 
'''Grey:''' -the complaints of YouTubers, right? First world YouTuber problems-
 
'''Brady:''' Heh-heh, yeah.
 
'''Grey:''' -that are copyright issues.
 
'''Brady:''' Yeah, exactly.
 
'''Grey:''' [chuckling] Um, I- I would just go- I would go back to um, one- one of the- the little notes that I wanted to make, is, um, the advantage of allowing copyright to expire. And, you know, you talked about "why should people be able to build on- on George Lucas's stuff?"
 
'''Brady:''' Yeah.
 
'''Grey:''' You know, as an example. And, I think, what- some examples of- of this which is very interesting of like, you can retell stories in much more interesting ways. And, I have- I have two examples that I really like.
 
'''Brady:''' Okay.
 
'''Grey:''' The first one- this might be slightly embarrassing, but I'm going to admit it anyway, is the, I think it's 1996 movie called ''Clueless'',-
 
'''Brady:''' Oh yeah, great movie.
 
'''Grey:''' -starring Alicia Silverstone.
 
'''Brady:''' Yeah, I love that film.
 
'''Grey:''' Um, which is one of those movies when I first saw it, I- you know, I thought this was just the dumbest movie ever made, and for anyone who hasn't seen it, I highly recommend that you do watch it, um, but it is- on the surface, it is basically a movie about the dumbest California Valley girls you've ever seen.
 
'''Brady:''' Yeah.
 
'''Grey:''' Uh, and- and the exploits of their life. Um, however, later on I came to find out that the- that ''Clueless'' is a remake of Jane Austen's ''Emma'', right? That it- it is the exact plot of ''Emma'', just moved to this different setting, and once you know that, I think the movie ''Clueless'' becomes kind of brilliant. Um, I think it's-
 
'''Brady:''' That's so snobby though, isn't it? That's like, "oh, I- I- I wasn't willing to admit I liked this film, until I realized was based on something old,"
 
'''Grey:''' Well,-
 
'''Brady:''' -and famous.
 
'''Grey:''' yes, I- I- I will totally admit that- that- that does sound terrible.
 
'''Brady:''' 'Cause I've often heard it said anyway that sort of Jane Austen's stuff was considered reasonably not that highbrow at its time as well, so-
 
'''Grey:''' Yeah, I've- I've- I've heard that kind of stuff, um,-
 
'''Brady:''' I don't know if that's-
 
'''Grey:''' I've heard some-
 
'''Brady:''' -one of these fallacies...
 
'''Grey:''' Yeah, I- I don't- I don't know either but, um, I- I've heard similar things, and- and of course, you know, thing- things gain respect through time,-
 
'''Brady:''' Yeah, yeah.
 
'''Grey:''' you know, just because it's old, it's- it's sort of awesome. Um,-
 
'''Brady:''' Yeah.
 
'''Grey:''' Heh-heh, don't get me started on- on Shakespeare.
 
'''Brady:''' Okay.
 
'''Grey:''' Um, but,- so I- but,- so this is an example where I think ''Clueless'' is the kind of movie that could be made, right? Because the copyright on ''Emma'' had expired.
 
'''Brady:''' Yeah.
 
'''Grey:''' And, you can do interesting things with that story by moving it to a different setting. And I think that there- there is cultural value in being able to do new things with iconic characters, right? That I think at a certain point, very successful films and very successful books, they become part of the culture, and- and that is also why I'm kind of very much for some eventual limit on copyright. Uh, that- so- that- so that more can be done with these things in the future. Um, and my- a second example that I have which, I only recently discovered and then I had one of these, uh, binge watching sessions is the BBC's remake of ''Sherlock'' the Sherlock Holmes series,-
 
'''Brady:''' Oh, how good are they?
 
'''Grey:''' Have you- have you seen them?
 
'''Brady:''' Oh they- yeah, they're awesome.
 
'''Grey:''' So I think actually, as we are talking, the season 3 finale is airing on the BBC right now, which I'm looking forward to.
 
'''Brady:''' Yeah, yeah.
 
'''Grey:''' But I basically only discovered these about a month ago,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -and I watched the first one, and as- and I was like, I- I can't stop watching now, right? I have to keep watching this. Um, and I- and I've just binge watched the first two and a half seasons available at that point, and uh, it was great, and I think that this is another example of like,- Sherlock Holmes is so much more than the original author ever intended him to be, right? He's- like he is such a part art of the- of like the Anglosphere culture at this point,-
 
'''Brady:''' Yeah.
 
'''Grey:''' Um, that I- I think that it is fair enough to say that- that his character belongs in the public domain and other people can do things with this kind of story, um-
 
'''Brady:''' I mean ''Sherlock'' might not be the best example because I know there's lots of clever, nuanced nods to the Conan Doyle books, but, is this not just a case- again and I know ''Sherlock's'' not the best example but I'll- I'll run with it, is this not a case of someone, you know, some clever story tellers and good actors and good directors making a brilliant piece of film,-
 
'''Grey:''' Mm-hmm.
 
'''Brady:''' -something that's compelling, but then just appropriating a famous name and brand that has worked its way into culture to help sell their product, I mean, you could- you could make a bunch of rip-roaring detective films just like that about, you know, a guy and his assistant,-
 
'''Grey:''' Mm-hmm.
 
'''Brady:''' -that would- that would on the surface be just as good, but less people would watch it because it hasn't got an iconic name like Sherlock and things like that, so, in some ways I see what you're saying, they've built- you're building on things, and you're building on things in culture,-
 
'''Grey:''' Mm-hmm.
 
'''Brady:''' -but in other ways I think they're just being- they're being a bit lazy. They're making something good, but then they're appealing to our culture which doesn't like anything unless it's already famous, and stamping that on it in much the same way, when you make a science documentary on the BBC, no matter what the topic is you're like "well we can't do this unless it's someone who's already famous presenting it" they're just stamping fame on things because our culture is so obsessed with fame.
 
'''Grey:''' [sighs sharply] Ach, I- I think- I think that's- that's getting off into a different argument slightly about-
 
'''Brady:''' [giggles]
 
'''Grey:''' -about fame, right?
 
'''Brady:''' Yeah.
 
'''Grey:''' and- and also I think the, um, you know, there's some great- there's some great charts about the number of sequels, right? That have been made in movies recently, and- and this- this similar kind of idea, right? That people want to buy what they already know.
 
'''Brady:''' Yeah.
 
'''Grey:''' And, my- my opinion on the bad sequels thing is like, I don't care how many bad sequels are made, I only care about the good sequels, because-
 
'''Brady:''' Yeah.
 
'''Grey:''' -I don't have to watch the bad sequels.
 
'''Brady:''' Yeah.
 
'''Grey:''' Um, and, my opinion is that, yeah, there's a bunch of stuff that's made that people watch it because it's Sherlock Holmes, and now I have another great Sherlock Holmes example,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -which is the Robert Downey Jr. Sherlock Holmes movie,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -right? Which I watched, only because it was a Sherlock Holmes movie.
 
'''Brady:''' Yeah, I started to watch it for that reason and I had to stop after about,-
 
'''Grey:''' Yeah.
 
'''Brady:''' -twenty minutes, but yeah.
 
'''Grey:''' There's no reason I would have watched that movie if it was not a Sherlock Holmes movie. And it's like I- I found it moderately enjoyable, but they would have not gotten my money if it was not for a Sherlock Holmes name on it, right?
 
'''Brady:''' Yeah.
 
'''Grey:''' Because I've read the Sherlock Holmes stories, like- and I'm interested in this, and so I wanted to see that interpretation, which, I was like "ah, it's okay" but, you know, I didn't watch the second one. Um,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -but, to me the- the BBC Sherlock is- is like the shining example of what you can do and I think that those- those stories are great. They're made better because it's Sherlock Holmes, because you can see like what changes have they made to these characters, or what have they kept the same,-
 
'''Brady:''' Hmm.
 
'''Grey:''' -you know, what's different now that they've moved it into a modern setting.
 
'''Brady:''' Yeah, that's a fair point.
 
'''Grey:''' I think it gains value from contrast with the originals,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -that it wouldn't have if it was a standalone piece.
 
'''Brady:''' Yeah.
 
'''Grey:''' Um, and so that's why I- I- I think it's- it's great that people can do this, and, although it will- it would never happen I would love it if there was um, you know, if like, say the copyright limit was, uh, sixty years, that when I was older, I could watch somebody redo the original Star Wars movies.
 
'''Brady:''' Eh...
 
'''Grey:''' I- I- I think that- like- there is room for them to be redone in an awesome way. Um, but with current copyright lasting forever, that will never happen, you know, and- and that that will never be able to occur.
 
'''Brady:''' Yeah. So we just have to put up with how George Lucas himself made his new films.
 
'''Grey:''' [chuckles] Yeah, and again, that- this is why George Lucas is always like the easy one to pick on, right?
 
'''Brady:''' Yeah.
 
'''Grey:''' Because he made new Star Wars movies and they have been generally- they have been generally panned. And here- here's the thing, right?
 
'''Brady:''' "Generally panned." That was a very uh,-
 
'''Grey:''' [chuckling]
 
'''Brady:''' -diplomatic statement.
 
'''Grey:''' Yeah. Gen- um, but- but here's the thing, it's like I- I don't hold any grudges against him, and- and here's one of the other things with- going back to like what allows us to make our- our living, the control over the distribution, this Star Wars comes up for a very particular reason in copyright debates, and it's- it's partly because the power of the control of the distribution is what has allowed George Lucas to basically prevent showings of the original Star Wars movies as they first aired.
 
'''Brady:''' Yes.
 
'''Grey:''' Right, and this- this again is like could not be a more first world kind of problem.
 
'''Brady:''' Yeah.
 
'''Grey:''' But if you are a person who kind of cares about the cultural history of the world, you know, if you're looking at movies for example, Star Wars is undoubtedly a moment in that cultural history.
 
'''Brady:''' Yeah.
 
'''Grey:''' But you cannot get the original versions of those Star Wars.
 
'''Brady:''' It's very naughty, it's very naughty of him, isn't it.
 
'''Grey:''' Yeah, and I think that's where a lot of the resentment comes from, is- is people are saying, you know, nobody begrudges making those new movies, it's like "oh god", you know, or I think nobody rational does.
 
'''Brady:''' I- I begrudge it a little bit.
 
'''Grey:''' [chuckles] I- I would say, I hold no- I hold no ill will in my heart for the making of those movies. Like, he- this is the same thing, they just- they in my mind just fall into the category of the bad things. I don't have to watch the bad things, I saw them once, I will never see them again. Um, but what I-
 
'''Brady:''' Yeah, but do you know, I've been watching- but it- but-
 
'''Grey:''' [chuckles]
 
'''Brady:''' -if you see them once, I'm sorry I know this isn't about Star Wars, but-
 
'''Grey:''' [giggles]
 
'''Brady:''' -I've- I've been watching the originals again lately because they're on telly and I love them, so I watched them, and things that happen in the originals now kept giving me flashbacks to those subsequent prequels,
 
'''Grey:''' [chuckles]
 
'''Brady:''' -and it was tainting the originals for me because I was thinking, aw...
 
'''Grey:''' They just- they just don't exist. Um,-
 
'''Brady:''' Hmm, okay... anyway go on. Yeah, sorry.
 
'''Grey:''' [chuckles] I- I- I will just, also not related but, one of my podcasting heroes, a guy called John Siracusa, who I adore,-
 
'''Brady:''' Hmm.
 
'''Grey:''' -he is a huge Star Wars nerd, and he has kids, and what I love is that he is simply denying the existence-
 
'''Brady:''' [giggles]
 
'''Grey:''' -of the original three movies within his household. So,-
 
'''Brady:''' [giggling] They'll find out one day.
 
'''Grey:''' Right? They will.
 
'''Brady:''' They'll find out.
 
'''Grey:''' He- he- they- he knows that they will, but his strategy apparently is to have his kids exist long enough without ever having seen them that they will be able to distinguish between the good originals-
 
'''Brady:''' Right.
 
'''Grey:''' -and the terrible prequels.
 
'''Brady:''' Yeah.
 
'''Grey:''' Because I ran across this in my students enough where- where kids who saw them in similar time frames were not necessarily able to distinguish ones from the other, which is horrifying to me.
 
'''Brady:''' Yeah.
 
'''Grey:''' Um, but, anyway, we're- we're getting derailed.
 
'''Brady:''' Yeah.
 
'''Grey:''' [chuckles] So, what I would say is- is like, that- that is one of the problems, is that this power of the control of distribution in this one particular case has- has led to some cultural problems.
 
'''Brady:''' Yeah.
 
'''Grey:''' And- and that's- that is- that is the reason why I picked George Lucas as an example in- in my video is because this is such a fundamental problem it's like, if there were limited copyright, there would be hope of the original format of the movies entering back into- into the world. And this is one of the reasons why Congress has extended copyright protections is because their argument is, it gives the creators uh, encouragement to preserve their original works for longer. And there's some interesting data that says that's not actually the case, that what happens is the original works just get lost over longer periods of time, um, but in this particular case with George Lucas, it's also very obvious that the original work gets distorted and, you know, it is increasingly hard to try and find "as it aired in 1977" versions of the original movie. Um, I, personally, have never seen ''this thing'', but I have ''heard'' that on the Internet, you might be able to find somewhere a thing called "the Star Wars despecialized editions", where superfans have taken the current Star Wars movies and tried to make them as close as possible-
 
'''Brady:''' [chuckles]
 
'''Grey:''' -to the original cinematic releases as they hap- again, I- I would not know of where to acquire such a thing, because it would obviously be copyright infringement,-
 
'''Brady:''' Exactly,-
 
'''Grey:''' -um, and it would-
 
'''Brady:''' -and we frown upon that as creators ourselves.
 
'''Grey:''' As a creator myself, I could never condone such an action for such an incredibly important historical thing that I personally love, you know, so I will- I will take the high road here, but I'm just like, ''throwing it out there'' that there exists this thing called the Star Wars despecialized edition.
 
'''Brady:''' I'll tell you something else,-
 
'''Grey:''' Yeah,
 
'''Brady:''' -I mean obviously- I'm imagining you've seen um, ''People vs. George Lucas'', the film.
 
'''Grey:''' I actually have not.
 
'''Brady:''' Well, I highly, highly recommend that,-
 
'''Grey:''' It's on my list, it's on my list.
 
'''Brady:''' -considering what we just discussed, I can't recommend that highly enough, but also for people out there who are probably like Grey and I and spend way too much time reading Wikipedia articles,-
 
'''Grey:''' [chuckles]
 
'''Brady:''' -reading of the story of the Zapruder film of the Kennedy assassination-
 
'''Grey:''' Oh yeah, yeah.
 
'''Brady:''' is, is also very interesting when it comes to, you know, copyright and ownership of material and things like that. That's a really interesting story. We'll- I'm sure we won't go into it now, but if- if- if I after this podcast, people want to go and read something, that's a good read as well.
 
'''Grey:''' Yeah.
 
'''Brady:''' Let me ask you a final question,-
 
'''Grey:''' Yeah.
 
'''Brady:''' -because obviously we've been going forever here, if you were going to make another copyright video then,-
 
'''Grey:''' [chuckles]
 
'''Brady:''' -or remake your original, one of course you would preserve the original for the archives, but-
 
'''Grey:''' [chuckling] I don't know I would.
 
'''Brady:''' -is there anything you'd do differently? Is there anything you'd say differently, or do you- do you think you pretty much have the same position?
 
'''Grey:''' [sighs] I- I- I was thinking about that earlier today, and I don't know that the argument that I want to be made can be made within the context of the- of the kinds of videos I put on YouTube. A coherent argument for limited copyright is hard to make, because I- I- I think that it is a- it is a real gray area of- of law. It requires a large amount of time, and it's also a topic that there is no clearly correct answer. Um, and as a- as a- as a little example I just want to throw into to put that point, there's a thought process that I learned what I was doing physics, uh, back at University, and it's this question of- of in certain situations, take the problem to infinity, and take the problem to zero.
 
'''Brady:''' Hmm.
 
'''Grey:''' And so say, you know, "what would a world be like if we had infinite copyright?", if Congress just said "oh, the heck with these extensions, we're just literally going to make it forever".
 
'''Brady:''' Yeah.
 
'''Grey:''' You know, or we have a world where Congress says, you know, "no copyright, at all;"-
 
'''Brady:''' Yeah.
 
'''Grey:''' -"zero". And when I think of those two worlds, if I had to pick, I'd pick the world with the infinite copyright.
 
'''Brady:''' Right.
 
'''Grey:''' I think there would be- there would be problems with that, but I think that is preferable to a world with zero copyright protection. Um, and so that- that- that is kind of one of the ways that- that gets me to this "I am for limited copyright protection, I am NOT for no copyright protection". Um, but I- I'll put a link in the, uh, the blog post for this, uh, episode, but there's- there is a very very interesting TED talk by a woman talking about the fashion industry, and how in the United States at least, fashion designs do not have copyright protection at all, so, the fashion industry is a world where there is ''zero'' copyright.
 
'''Brady:''' Hmm.
 
'''Grey:''' And, uh, she makes a very convincing argument that this is nothing but beneficial to the fashion world, because, it encourages tremendous turnover of styles, right? That if one company comes out with a particular style of dress, there's a delay in time before other companies can come out with it too, simply because of ramping up manufacturing capabilities,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -um, but it means that everybody has to keep generating new things much more quickly, and this is- this leads into my like, well, it's hard to have a definitive opinion, because, I am convinced that the fashion industry is better off without having copyright protection. And I think there's some very specific reasons why that's the case,-
 
'''Brady:''' Yeah.
 
'''Grey:''' -but I don't- I don't think that same argument applies in other creative fields, so it's a- it's a very complicated- very complicated issue.
 
'''Brady:''' I think, if nothing else, we have shown that it is complicated.
 
'''Grey:''' [chuckles] Yes.
 
'''Brady:''' And, as always, it has been a pleasure.
 
'''Grey:''' All right, I will,-
 
'''Brady:''' Catch you next time?
 
'''Grey:''' Yeah, catch you next time, all right, thanks.
 
'''Brady:''' All right, we got- we got a few things to discuss for next time all ready; I'm making some notes.
 
'''Grey:''' Oh good.
 
'''Brady:''' It was good talking to you mate, catch you later.
 
'''Grey:''' Good, all right, take care man, bye.
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