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  1. #11
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Quote Quoting MaltbyMark
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    For those that don’t know, memory-holed means the scrubbing and disappearance of painful or embarrassing information of any sort from the net.

    If this is the case, the parents should download everything they can find of their late daughter floating around the net. I guess your question is whether they can legally force services that hold these videos but are not releasing them due to their nature to release them to the parents. The answer should be yes because the parents are the de facto copyright holders, most of what is now on the web was copied without permission from other third parties and the late daughter was never in a legal position to assign her copyright away in the first place.

    Myself, I probably would want it memory holed away.
    Since the “videos” are in digital format, there is no requirement for the holder to provide a copy to the parents. In the case of YouTube, their terms of service specifically state YouTube has a right to retain a copy.

    There is is no such thing as a de facto owner of the rights. Either a person owns the rights or they don’t. It would likely require a court to order the transfer of the rights if the parents wish to claim them. For all we know the videos have financial value and the decedent has debts which would require the sale of,the rights in an effort to pay estate debts.

    The legal owner of the rights can send dmca takedown notIces to any service publishing the videos. If the service,refuses to comply or puts the videos back up after complying with the law and the person posting the video claims a right to post the video, the owner can take legal action to have them removed if they choose to do so.

  2. #12
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Sure there could be a de facto copy right. As I understand it, some media sources require you to assign them the rights. A minor has no legal ability to do this.

  3. #13
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Quote Quoting MaltbyMark
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    Sure there could be a de facto copy right. As I understand it, some media sources require you to assign them the rights. A minor has no legal ability to do this.
    No there can’t be a de facto copyright but you said a de facto owner regardless. There is an automatic copyright once a work is created. The ownership is bestowed upon the creator unless a contract allows for something else.

    A minor can enter into a contract in many states. It’s the enforceability that is the issue. As an example, in some states, a contract for the necessities of life with a minor are fully enforceable. This is not a situation where there is the concern of an unenforceable contract with a minor simce the minor is not alive to rescind the contract.


    regardless, only the actual owner of the copyrights (or their authorized agent) has the authority to take action regardimg the copyrights. So far we don’t know who the owner of the rights is. It is likely to be the parents but I doubt they will get any acknowledgement of that without a court’s declaration stating such.

  4. #14
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    I said de facto copyright holder. I believe that is true and correct

  5. #15
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Quote Quoting MaltbyMark
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    I said de facto copyright holder. I believe that is true and correct
    here is your actual post



    Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Sure there could be a de facto copy right. As I understand it, some media sources require you to assign them the rights. A minor has no legal ability to do this.
    so no, you didn’t say copyright holder

    regardless, the laws concerning copyrights do not allow for a de facto owner of the rights. Ownership is controlled by law. If the creator had not assigned or transferred her rights (in writing to be specific), her estate retains the rights until transferred to some other entity. Her parents, while likely to become the owner of the rights, are not until they are legally transferred to them.

    So, regardless what you believe to be true and correct, it does not make it a legal reality, which it isn’t.

  6. #16
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    So who does own the copy right? If I the deceased girl made them on her computer and did not stream them in real time to a provider, the copyright would belong to her per 201(a). She would not have the legal ability to assign them to others per 201(d)(1)

  7. #17
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Quote Quoting MaltbyMark
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    So who does own the copy right? If I the deceased girl made them on her computer and did not stream them in real time to a provider, the copyright would belong to her per 201(a). She would not have the legal ability to assign them to others per 201(d)(1)
    I don’t know who owns the copyrights. If they have not been legally transferred, I say the girls estate does.

    I have no no idea what you are referring to claiming she would have no legal right to transfer the rights per 201(d)(1). That states


    (1)The ownership of a copyright may be transferred in whole or in part by any means of conveyance or by operation of law, and may be bequeathed by will or pass as personal property by the applicable laws of intestate succession.

    That actually does allow her to assign the rights to others. I don’t see where you’re seeing something else.

  8. #18
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Quote Quoting jk
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    I donít know who owns the copyrights. If they have not been legally transferred, I say the girls estate does.

    I have no no idea what you are referring to claiming she would have no legal right to transfer the rights per 201(d)(1). That states

    That actually does allow her to assign the rights to others. I donít see where youíre seeing something else
    We fully agree that the estate holds the copyright. As far as the latter part of your quote, I am stating that the girl herself could likely not enter into an agreement to assign the rights because she was 12.

    But again, I sure would be trying to erase these videos and not preserve them.

  9. #19
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    Default Re: Copyrights and Ownership Regarding Videos by Someone Who Passed

    Quote Quoting MaltbyMark
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    We fully agree that the estate holds the copyright. As far as the latter part of your quote, I am stating that the girl herself could likely not enter into an agreement to assign the rights because she was 12.

    But again, I sure would be trying to erase these videos and not preserve them.
    no, we did not agree on that point. I said it is likely the estate owns the rights but I’m not privy to all the details needed to make a dependable assessment.

    And regardimg the age: again, unless you can show law stating she is incapable of entering into a contract, you lose the argument. Minors are fully capable of entering into contracts in many states. They may have a right to rescind some or all of the contracts, depending on the state. In some states, unless the contract is formally rescinded, it remains in force. Many minors have discovered that a failure to rescind a contract prior to becoming a legal adult, or within some statutory allowance of time after they become adults, have found the,selves bound to contracts. A failure to rescind a contract can result in tacit ratification as an adult. Anyway, I’m not chasing statute here as it is likely irrelevent.


    You cannot erase the videos regardless. They are exist in electronic data format. When they are “played” or given to others, the possessor still has their copy of the video. Unless every person deleted the videos from all of their devices (including servers of hosting entities), the video will continue to exist. Th best the parents can hope for is to have any of the videos taken down through a dmca takedown request

    even with that authority (which they may not even have at this point), there are always sites that ignore such requests and operate outside of the law.

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