Dispute Over Local YouTube Products

25.04.2019, Newsroom

Journalist

Armenian vloggers are blaming MoTV for broadcasting their YouTube video footage without a link, making an agreement with them and signing a contract.

The complaint, on behalf of the vloggers, has been sustained by vlogger Agnes Kheranyan on her Facebook page, mentioning that the TV has stolen the content created by them and next time they should get permission from them or buy the videos.

Practical steps have not been taken at this moment, and they are expecting to get clarification from the TV company, as they have had a phone conversation and asked for a recording of the broadcast.

The main content of MoTV is entertainment, based on the YouTube format. Chief producer Rafael Tadevosyan said that they will stop broadcasting local vloggers.

“We had originally decided to place our YouTube videos in our social blog section and help them to gain a larger audience and become more recognizable, and we did not pursue any commercial goals. The videos were accompanied by a text link,” said Rafael.

He said that they were free on YouTube and they used the link. He does not accept the accusations.

According to YouTube regulations, the author provides the network with the right to broadcast after posting content on this page. This means that the video may only be viewed on the YouTube channel and cannot be reproduced or distributed for commercial or other purposes without the prior consent of the author.

The parties did not initiate a meeting to discuss their rights. The dispute is from a distance.

Attorney David Asatryan says copyright protection is extended to all types of films, including YouTube videos, which are based on the fact of publication.

“It is considered a work of a person, and in the case of use, it is obligatory to reference it when using it. Otherwise, the author’s rights to receive revenue is violated,” said the lawyer.

The specialist notes that in order to avoid copyright issues, the video should have a clear publishing date, and their own page, so that further disputes can be proven, that it has been published earlier than it has been used by others.

If there is damage, according to him, it should be compensated, legally this is defined as the loss of profit for the author. “In practice, it is difficult to count the amount of compensation, and a thorough investigation should be conducted. The infringer should also state that there has been a violation of copyright.”

According to the lawyer, the problem can be resolved both in judicial and extra-disciplinary ways, for example, by vloggers, by the media ethics monitoring body, or by referring to the media law, demanding a refutation and response from the TV company.

In such cases, the author must make a clear request to the other party regarding the violation of their rights.

“Facebook posts are not considered an official letter and it cannot bring legal consequences if they remain silent. The issue of identifying Facebook accounts with individuals has not been resolved in the law yet,” said David Asatryan.

In the near future, vloggers will meet with advocate David Asatryan to discuss the situation so that their rights can be protected in such situations.

Gayane Asryan

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