Are all Castle films going to be an issue on YouTube?

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Daniel D. Teoli Jr.
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Are all Castle films going to be an issue on YouTube?

Unread post by Daniel D. Teoli Jr. » Tue Dec 12, 2017 1:27 pm

I bought a 1940s 16mm Castle film of Deanna Durbin called Gems of Songs. I had it cleaned and HD scanned at 2K. I put it on YouTube and it was taken down within hours by Warner Bros. Are all Castle films going to be an issue on YouTube?

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Jim Reid » Tue Dec 12, 2017 1:58 pm

Are you sure it was Warner? Castle stuff is usually Universal property and is almost always still under copyright.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Daniel D. Teoli Jr. » Tue Dec 12, 2017 3:19 pm

Nope, not sure. I had spent some $ to have it done, so I just took a quick look at the notice and was disgusted. I may have misread the name.

Have any of you had any success with 'fair use' as a defense for not getting films taken down on YT?

I archived it for educational, editorial and historical purposes and am not making $ on it. Only issue is; is the distribution limited.

If this is the case I won't bother with Castle and wasting time or my limited $. Unless the Internet Archive will leave it up.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Donald Binks » Tue Dec 12, 2017 3:48 pm

If someone owns the copyright, it is up to them whether they allow you any leeway. I know there is a lot of stuff on "You Tube" but really, a lot of it is illegal in terms of copyright - it could all be taken down if the owners could be bothered.
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Re: Are all Castle films going to be an issue on YouTube?

Unread post by silentfilm » Tue Dec 12, 2017 8:00 pm

Not making any money on it is not a valid defense. If it is copyrighted and you give it away you are taking away potential customers from the copyright owner. If they own the film, it is their right to control its distribution. The songs are from It's a Date (1940). Although the music for "La Boheme" and "Ave Maria" certainly are not copyrighted, her image and recording of them still is under copyright.

Yet there is a really dupey copy of this same Castle short at Dailymotion.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Daniel D. Teoli Jr. » Tue Dec 12, 2017 10:20 pm

silentfilm wrote:Not making any money on it is not a valid defense. If it is copyrighted and you give it away you are taking away potential customers from the copyright owner. If they own the film, it is their right to control its distribution. The songs are from It's a Date (1940). Although "La Boheme" and "Ave Maria" certainly are not copyrighted, her image and recording of them still is under copyright.

Yet there is a really dupey copy of this same Castle short at Dailymotion.

So why doesn't the rest come down? I wonder if some accounts have more pull over take down notices?

China needs to make a YouTube where anything could be put up except things critical to China. Archivist on a budget don't want to invest $ if there is no outlet. YouTube's low res is not going to replace Blu-ray.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by oldposterho » Wed Dec 13, 2017 9:01 am

Daniel D. Teoli Jr. wrote:China needs to make a YouTube where anything could be put up except things critical to China.
There is rutube.ru which, like the honeybadger, don't give a **** about copyright, particularly if it sticks it to the US. I'd be reluctant to register with an unprotected computer or a "real" email as it's probably just as sketchy for posters as it is for copyright holders, but, strictly for informational purposes, there is a YouTube alternative.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by pookybear » Thu Dec 14, 2017 3:16 pm

Since you have received a take down notice already for the material in question that should be the only hint you need.
Hate to be harsh here, but that really is a cease and desist order. Reposting even in another location is just asking for
legal problems. In any legal case they would site the posting on Youtube. And I am sure even thou removed from Youtube's channel system, they still have a copy on file somewhere. Furthermore each film having suffered different damage over
the years this would act like a fingerprint for the copy in question. It might be more than easy enough to prove where the
new copy originated.

Your best course of action, is take your lumps and move onto another project that will not draw the attention of Castle's
films copyright holders.

Pookybear

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by rudyfan » Thu Dec 14, 2017 4:05 pm

Daniel D. Teoli Jr. wrote: So why doesn't the rest come down? I wonder if some accounts have more pull over take down notices?

China needs to make a YouTube where anything could be put up except things critical to China. Archivist on a budget don't want to invest $ if there is no outlet. YouTube's low res is not going to replace Blu-ray.
It all depends on the copyright holder. Some find it too much of a bother to keep watching the bazillion potential sites.

Universal, Warners, Sony, Disney, etc. are vigilent about their material. As Bruce mentioned, Durbin's films are still under copyright, so it is well within their right to take it down.

Low resolution or not, you are still infringing. I'm sorry, but that is the law and their rights under the law.

Also, FYI, China is working with the US on the problems of copyright infringement. not that this would cause you any problems over there, this is small potatoes. But why risk it. YouTube will have no problem killing your account and banning you.
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Re: Are all Castle films going to be an issue on YouTube?

Unread post by drednm » Thu Dec 14, 2017 8:58 pm

Yet there are a thousand sites on YT that advertise all kinds of copyrighted films and even famously lost films on their "verified links." These are are most likely scams that use false advertising to get the gullible to sign up and pay for streaming services for films they don't have.
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Re: Are all Castle films going to be an issue on YouTube?

Unread post by bobfells » Thu Dec 14, 2017 9:21 pm

If N'ville doesn't have a permanent thread for this issue, perhaps it should because we have been over this stuff SO MANY TIMES.

Let's recap and maybe post it for easy reference in the future:

1. "Fair Use" is limited to being a legal defense to claim when you are being sued.
2. The major studios are pretty consistent with enforcing their rights on talkies,they seem less interested in silents but both Warner and Universal (Paramount) will go after selected silents if they have issued home video editions.
3. Regardless, take no assurance in what other people post. Think of it like a cop pulling you over for speeding. You have no defense to say that other drivers were going faster. You are the one who was nabbed, the others were just lucky.
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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Marr&Colton » Fri Dec 15, 2017 12:17 pm

I've noticed many YouTube posters play fast and loose with copyright.

Castle Films almost always released segments of copyrighted shorts or features. Some of their travelogues and newsreels may have been their own content, but NEVER assume you are legal when posting to YouTube.

Many studios own some of each others' material due to various reasons.

If the studios get the FBI in on the investigation, YouTube will be obliged to give all info on the person who posted it,
including the very traceable ISP address.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by wingate » Fri Dec 15, 2017 1:53 pm

Castle Films are shown here in the UK on Talking Pictures channel

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by moviepas » Fri Dec 15, 2017 4:55 pm

Very simple to see why Warner Bros took it down or had it taken down. They would own the rights to the songs/visuals. Why? Because MGM bought it for a remake with Jane Powell as A DATE WITH JUDY(1948) in Technicolor and WB or MGM issued it on VHS. There was a radio series in WW2 in US called A Date With Judy which a number of episodes have been available for download. WB has taken lots down or removed the soundtracks. Universal and Disney are not as vigilant as you might think. The one Deanna title that was hard to get for many years was Universal's Spring Parade(1940) for some legal reasons not disclosed. Another was Universal's Mexican Hayride with Abbott and Costello. The pirates must have been annoyed when these two were finally cleared for DVD from MCA.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by moviepas » Fri Dec 15, 2017 5:01 pm

Yet there is a really dupey copy of this same Castle short at Dailymotion.

I have a Daily Motion specific downloader and this one comes up as an error and won't download.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by bobfells » Sat Dec 16, 2017 9:26 am

I found a blah-looking print of the 1929 FOUR FEATHERS online with its original music soundtrack. I spruced up the image quality a bit but both YT and FB removed it faster than you can say Jack Robinson.They credited NBC Universal for the deletion but didn't count it as a "mark" against me. The moral of the story: even if the movie is obscure and never been on home video, watch out!
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Re: Are all Castle films going to be an issue on YouTube?

Unread post by vitaphone » Sat Dec 16, 2017 6:29 pm

Odd that NBC Universal took it down, because they do not own FOUR FEATHERS. They only own the post 1928 TALKIES through 1948 and silents with synchronized music and effects are still owned by Paramount.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by boblipton » Sat Dec 16, 2017 6:39 pm

It was one of the titles transferred. I believe one or two talkies were missed in the sale through various scriveners' errors.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Danny Burk » Sat Dec 16, 2017 7:24 pm

It was mistakenly included in the MCA deal because of its soundtrack.

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Re: Are all Castle films going to be an issue on YouTube?

Unread post by Ray Faiola » Thu Dec 21, 2017 12:06 pm

moviepas wrote: Another was Universal's Mexican Hayride with Abbott and Costello. The pirates must have been annoyed when these two were finally cleared for DVD from MCA.
I think you mean IT AIN'T HAY. Damon Runyon tie-up.
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