Putting Birdcam On My Site Copyright Infringement?

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I put together a webpage with a bunch of birdcams for easier viewing , gave it to some people (who like it) and i got this 1 dude in the forums playing ethics police saying i need to get permission from all these sites to put their cams on my site, some give you the code to do this , some dont. should i try to get permission or ignore this guy.???…and what is the law?

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4 Responses to “Putting Birdcam On My Site Copyright Infringement?”

  1. 1
    Sadien.c said:
    Posted: September 30th, 2009

      WOW!…. What a GREAT topic!!!… finally a copyright question I really had to think about…
      Ok… let’s break this down…
      Is a live camera stream copyrightable?
      Short answer, “possibly.”
      Under federal law, a copyright owner has specific exclusive rights. These rights include the rights to duplicate, distribute, create derivatives, and publicly display (or broadcast) a Work.
      This is where it gets VERY interesting.
      Under US federal statute, there are specific requirements for copyright protection…
      1. The work must be in a “fixed tangible medium of expression.”
      2. The work must be original.
      3. The work must have a minimal amount of creativity.
      So, let’s test these criterion…
      Is the live webcam video stream from another website broadcast in a “fixed tangible medium of expression?”
      Conventional application of legal theory would say “yes.” Since the material is being “broadcast” via an electronic channel, and reproduced on a computer screen, the “work” would be tangible.
      However, this theory could be challenged on the idea that the video “stream” is not “fixed.” As in, the video cannot be reproduced or copied. It’s simply consumed, then gone forever.
      If the video from the webcam is being recorded… that video is absolutely copyrightable, without a doubt, question or moment’s pause…
      But… without the video being recorded?
      Thus leading us to the next consideration… “Is the live webcam stream of birds flying around considered original?”
      Yes. Without a doubt. The same as a nature photographer taking pictures of birds in the wild. It is absolutely original.
      Next…
      “Does the live webcam video stream of birds flying around contain a minimal about of creativity?”
      Keep in mind, the law and governing courts have set the bar of “minimal creativity” pretty low.
      Placement of the camera to “get the best shot” could be considered “minimal creativity.”
      Also keep in mind that the amount of “work and effort” have absolutely nothing to do with establishing a minimal amount of “creativity.”
      A classic legal example would be a phone book. It takes a considerable amount of time, effort, energy and resource to compile a phone book. However, it has been decided that since a phone book is nothing more than a “big list of names and numbers,” and that no “creativity” is used in compiling a “list,” that phone book listings are not copyrightable.
      So… let’s bring this Full Circle.
      If the webcam video stream is being recorded, that recording would copyrightable.
      If the webcam video stream IS NOT being recorded, the stream could possibly legally qualify as a “protected work,” however, the “owner” of that copyright could never seek remedy for infringement, whereas to sue or seek remedy under federal statute, requires that the work be registered with the LOC Copyright Office (see http://www.copyright.gov).
      The question that I plan to open up to my colleagues is this…
      Is the raw, live video stream protected as copyrightable, even if the original “broadcaster” is recording the video.
      Again… the video recording would be protected… but would the originating consumable stream be protected… since the recording is being made from the stream… (kind of a “which came first, the bird-cam or the egg” scenario)… sorry… bad pun.
      Here’s an additional wrinkle….
      IF the other party’s website has a contract or notice that says something to the effect of :
      “…By viewing this page, you agree to the Terms of Use Agreement of this website….”
      And part of the Terms are, you will not rebroadcast the video stream….
      That COULD be a breach of contract issue. It is NOT a copyright issue, but the other party may have a cause of action against you for breaching the Terms of Use agreement.
      Again… GREAT question….
      Hope this helps…
      G.C. Hutson, Chief Executive and Senior Partner
      Sadien Intellectual Property, Inc.http://www.Sadien.com
      (Disclaimer: All answers provided by Sadien and Sadien’s agents are presented for educational purposes only. No legal advice is being rendered. As with any legal issue, one should seek the personal and private advice of an attorney who specializes in the particular area of inquiry.)

  2. 2
    Mark B said:
    Posted: September 30th, 2009

      You can send an email to the sites saying you are putting up a view. They will usually agree to it and appreciate the notice. If they are providing the code, the intent is to have it displayed on other sites, but it is still polite to tell them.

  3. 3
    quizzard said:
    Posted: September 30th, 2009

      The open concept of the internet means anybody can legally link to any other website. If a particular website does not want others to visit, they need to provide security settings that prevent it.
      It’s not a copyright issue to point someone toward a site.

  4. 4
    Common Sense in Exile said:
    Posted: September 30th, 2009

      Ignore, until the site(s) ask you to remove them from your site. You are not trying to make money off their product, right?

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