Does vlog break any copyrights?

Jarek · Jul 27, 2016

Hello, I attended GermanGP and recorded 2 minutes of vlog. It contains mostly me watching the races and also some parts of the races. Is it legal to upload it to youtube? On my ticket I noticed the information that any photographs and recordings of the event cannot be used for advertisement and display purposes (only for personal use). Is youtube upload considered as public display? I wrote to motogp.com but haven't received any answer.
Here is the link to my video: (still not public)
http://www.youtube.com/watch?v=rlCO3fQQZSk

Thanks!

duc · Jul 29, 2016

I doubt you'll get an answer from Dorna, but I could be wrong...

It's considered 'fair use' to vlog/video yourself and have the races as part of the video. If there is background music which contains more than 2 seconds of audio that has copyrights attached to it, you're likely to get flagged by YouTube - that doesn't necessarily mean your video will be taken down.

If you're a commercial entity recording the races, with commercial intent, than legally you should follow what the back of your ticket says because you're accepting the video restriction agreement as part of your entry into the event.

Hope that helps.

Jarek · Jul 30, 2016

Thanks for the reply! Following the path of your thought, my vlog may become considered commercial whenever I turn on ads on my channel- then I am screwed. Because nothing is clear, the best way would be to try and see but I don't want to risk and get my channel restricted or banned.

duc · Jul 30, 2016

Jarek said:
Thanks for the reply! Following the path of your thought, my vlog may become considered commercial whenever I turn on ads on my channel- then I am screwed. Because nothing is clear, the best way would be to try and see but I don't want to risk and get my channel restricted or banned.

You would need multiple flags before your channel is restricted and taken offline. Remember, it's in YouTube's best interest to see your channel do well because in turn, YouTube does well.

If you're running ads and you're flagged for only copyright audio, there will still be ads, but YouTube's revenue sharing model will be with the copyright holder - not you - for that one video. And of course, your video stays online, etc.

Look around on YouTube and people are always making videos and vlogs with professional racing in the background. Go for it. Worst case is you turn on some ads and you lose revenue from the one video, but it won't be for the racing, it will be for the audio.

Jarek · Aug 10, 2016

Finally, I received an answer from Dorna (after 17 days)

Dear,

First of all let me thank you for your interest in MotoGP. I am contacting you on behalf of Dorna Sports which is the TV & Commercial Right holder for MotoGP.

Unfortunately due to our current TV agreements we cannot allow you to publish any content with footage copyrighted by Dorna Sports. If you want to publish it this should be in a private basis.

Kindest regards,

Ferran

Either way it means that all I recorded is copyrighted by Dorna OR somebody just misunderstood my question and thinks I recorded their MotoGP tv transmission.

Edit:
Final answer: Yes, it seems such a vlog break some rights. Recording is forbidden and if I break this rule, anything that I record belongs to Dorna. I just got a follow up email from them:

18. Restrictions and prohibitions. The use of equipment for recording or transmitting (by digital or other means) any audio or audio-visual material or any information or data inside any circuit venue is strictly forbidden. Unauthorised recordings, tapes, films or similar items may be confiscated and destroyed. Any recording made of an Event in breach of these conditions shall belong to Dorna. Dorna and the promoter will not be liable for any loss, theft or damage to confiscated items. By attending an Event, ticket holders expressly consent to filming and sound recording of themselves as members of the audience. The ticket holder expressly licenses any image right for the following purpose. Dorna may use such films and recordings (including any copies) without payment in any way, even for commercial purposes. Ticket holders shall not bring into the Venue or display or distribute (whether for free or not) at the Event any sponsorship, promotional or marketing material's.

Source: http://www.motogp.com/en/Tickets+Terms+of+Use

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