Can You License A Video You Don't Hold The Copyright Over?

from the copyright-v-ownership dept

A few times in the past we've discussed the differences between ownership of an original creative work and ownership of the copyright associated with that work. I'm reminded of this distinction -- which confuses the hell out of many people -- after lawyer Eric Turkewitz tweeted at me a question about who would own the copyright in this (oldish) viral video of a camera dropping from an airplane while filming, only to be discovered by an interested pig. It's gone viral a few times, and makes the rounds here and there. It's mildly entertaining.

But, what caught Turkewitz's eye is that the video on YouTube has the following description which includes "licensing information."

It says:

Camera falls from a sky diving airplane and lands on my property in my pig pen.
I found the camera 8 months later and viewed this video. For licensing/usage please contact:

If you're not familiar with it, Jukin Media is one of the biggest of a weird crop of businesses that rush in to try to monetize "viral" videos. Basically, they find various viral content and quickly contact whoever controls the video, and promise to get them money by "licensing" it for use in media. What this often means in practice -- especially with Jukin -- is that it goes around shaking people down for resharing clips of these viral videos.

Now, in some cases, there may be legitimate licensing opportunities, or potentially even real copyright infringement. However, I'm left scratching my head over the situation here. First off, the description (whether true or not), claims that the camera fell out of a plane and just landed in this person's pig pen, where it was found many months later. I don't know enough about regular property law to know if having the camera thrown from the sky onto the landowner's property -- and then left for 8 months -- means anything in terms of who owns the camera, but there's one thing that is pretty clear: the person who found the camera absolutely does not hold the copyright in the video.

A la the infamous monkey selfie case, there's a legitimate question as to whether or not there is a copyright to be had in this video -- but if there is, it's not held by the person who found the camera (and, no, we'll get it out of the way: it's not held by the pig either, as only humans and companies can hold a copyright). At best, one might argue that there's some copyright interest held by the person whose camera it used to be -- the person who dropped it out of the plane. Even that is arguable. The copyright in a photograph or video is supposed to be limited to the creative choices made by the creator. If the camera was deliberately dropped from the plane with the intention of making this video then, there's maybe a tiny sort of argument that they should get some level of copyright protection, though even then I'd argue it's fairly limited, as the creative input by that person is fairly minimal (especially once the camera is on the ground and the pig takes over).

All that is to say -- I'm not at all sure what rights Jukin has to "license" here. It can't offer a copyright license, and if it is, that's copyfraud -- claiming copyright in something it has no right to. But, of course, in this age where the RIAAs and MPAAs of the world continue to insist that everything must be covered by copyright, I imagine that Jukin has likely been able to convince lots of people to pay up because it's just easier, rather than recognizing that it has no rights to be licensing the video in the first place.

Filed Under: camera, copyright, falling from plane, licensing, pig, viral videos
Companies: jukin media, youtube

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  1. icon
    Scary Devil Monastery (profile), 27 Feb 2020 @ 3:08am

    Re: Re:

    "But the problem here, aside from assuming that everything must be owned, is that automatic assumption that there even IS a copyright to own. Almost as if a copyright is a soul that we can't even imagine doesn't intangibly exist alongside some corporeal body."

    That argument is a fundamental truth about MOST of what is called "Intellectual Property" which the copyright cult - the industries linking their entire business model to the control of the immaterial - would prefer to see buried.

    First of all, not all things must be owned. This is self-evident unless you really want to get into a debate about who owns the air and oceans - the net outcome of which would be catastrophic no matter HOW it went.

    Secondly, you can't "own" information as you can physical property. You can at best, if you are the sole possessor of it, refuse to share it.
    Once you've shared the information, however, your control is gone and the person who shared it now owns their own copy of that information.

    Copyright was written to deny the laws of reality by turning something completely imaginary into something governing every aspect of normal behavior. Practically speaking that makes copyright a religion - which goes a long way towards explaining why so very many copyright defenders end up sounding like 16th-century catholic priests condemning the protestants who feel other people than the clergy should be free to read the bible.

    Copyright is the modern day equivalent of blasphemy law. Nothing more. And deserves as little consideration.

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