Copyright of user submissions in Powerdirector?

Directornew60

Newbie Joined: Mar 22, 2015 09:42 Messages: 5 Offline

Solved by

Mar 22, 2015 09:57

Hallo, I want to use content (audio files specifically) from the directorzone in powerdirector for youtube videos and I am confused about the state of copyright. The Terms of services state:

3. Content.
Certain types of content are made available through the
Site. "CyberLink Content" as used in these Terms of Service means,
collectively, the text, data, graphics, images, photos, video files,
effects, objects, templates and other content and information made
available through the Site, excluding User Submissions. "User
Submissions" as used in these Terms of Service means, collectively, the
text, data, graphics, images, photos, effects, objects, templates and
other content and information which Members post, upload and otherwise
submit to the Site, including without limitation in Member created
profile pages. By posting or otherwise providing your submission, you
are granting to the public unrestricted and unconditional permission to:
a. Use, copy, distribute, display, publish and modify your submission;
b. Publish your name in connection with your submission; and
c. Grant these permissions to other persons.

Now this seems good and gives all permission including derivative and commercial.

But it seems to be contradicted later by:

7. Intellectual Property Rights and Ownership.
a. Content.
You may access and use the Site, Services, CyberLink
Content and User Submissions for your own personal non-commercial use.
You will not remove, alter or conceal any copyright, trademark, service
mark or other proprietary rights notices incorporated in or
accompanying the Site, Services, CyberLink Content, User Submissions or
related products and services and you will not reproduce, modify,
adapt, prepare derivative works based on, perform, display, publish,
distribute, transmit, broadcast, sell, license or otherwise exploit the
Site, CyberLink Content, User Submissions (other than your User
Submissions). CyberLink and its licensors own all rights, title and
interest, including all worldwide intellectual property rights in the
Site, Services, CyberLink Content and the trademarks, service marks and
logos contained therein other than your User Submissions.

So now it is limited to noncommercial? Also derivative work (such as putting the sound into a video) is excluded as well? What is the state of copyright for audio files in the directorzone? This is important for youtube to avoid copyright strikes.

This message was edited 1 time. Last update was at Mar 22. 2015 09:59

Carl312

Senior Contributor Location: Texas, USA Joined: Mar 16, 2010 20:11 Messages: 9090 Offline

Mar 22, 2015 10:51

If you search the forum for "commerical use", you will find many threads of discussion.

It is a hot topic. It is possibe to get commerical licenses for the CODECs involved.

Start reading just below "EDUCATIONAL LICENSE"

If you are going to use the SOFTWARE for commercial purposes then additional licenses will be needed for the following non-exhaustive list of third party technologies:

Click on link below.

http://www.cyberlink.com/support/product-faq-content.do?id=17447&prodId=4

This message was edited 1 time. Last update was at Mar 22. 2015 10:52

Carl312: Windows 10 64-bit 8 GB RAM,AMD Phenom II X4 965 3.4 GHz,ATI Radeon HD 5770 1GB,240GB SSD,two 1TB HDs.

Carl312

Senior Contributor Location: Texas, USA Joined: Mar 16, 2010 20:11 Messages: 9090 Offline

Mar 22, 2015 10:56

When it comes to posting on Youtube, there has never been a problem. The only problem you find on Youtube is copyright hits on music that you may use.

I doubt you have any problem giving copies to your friends, or posting on any of the social sites. Carl312: Windows 10 64-bit 8 GB RAM,AMD Phenom II X4 965 3.4 GHz,ATI Radeon HD 5770 1GB,240GB SSD,two 1TB HDs.

SoNic67

Senior Contributor Joined: Sep 27, 2014 14:14 Messages: 1308 Offline

Mar 22, 2015 11:12

Per EULA, PowerDirector is not supposed to be used for commercial work. That is valid for any mpeg2, mpeg4, avc, h264 encoded videos.
Also, YouTube EULA specifies that if you choose to monetize the content you post, your software has to be licensed for commercial use too.

I think that is a loophole around that if you use for your video uploads the WMV format. If you look, the default online profiles in PD13 (for YouTube, Vimeo, facebook, DailyMotion...) is WMV. I think that is because the licensing from Microsoft is different.
Sure, WMV encoding is not accelerated by nVidia or intel, only by AMD video cards so... there is that.

Does it matter? Probably if you have 100 hits it doesn't, but if you have 10 million you might have a problem.

This message was edited 5 times. Last update was at Mar 22. 2015 11:22

Directornew60

Newbie Joined: Mar 22, 2015 09:42 Messages: 5 Offline

Mar 22, 2015 12:01

Thanks for the info concerning the MP4 licenses, who would have known that? Makes me wonder if someone can dissect the video and see which program created the files.

Does anyone understand the "free effects" (as advertised) audio files from the director zone? Apparently there is a conflict between "granting to the public unrestricted and unconditional permission to: a. Use, copy, distribute, display, publish and modify your submission"

and

"You may access and use the Site, Services, CyberLink Content and User Submissions for your own personal non-commercial use".

James1

Senior Contributor Location: Surrey, B.C., Canada Joined: Jun 10, 2010 16:20 Messages: 1783 Offline

Mar 22, 2015 12:32

Hi,

I would interpret the DZ copywright as meaning you can't download the effects and burn them to a Cd/DVD and sell as a Movie editor's effects disk commercially.

Jim Intel i7-2600@3.4Gz Geforce 560ti-1GB Graphic accelerator, windows 7 Premium 12GB memory

Visit GranPapa64's channel for your YouTube experience of the day!

Directornew60

Newbie Joined: Mar 22, 2015 09:42 Messages: 5 Offline

Mar 22, 2015 12:57

Thanks for the answers, so this is getting slightly too unclear for me but I have found a good alternative. Youtube offers actually "free music" and sound effects (royality free) that could be monetized as well.

https://www.youtube.com/audiolibrary/music

Carl312

Senior Contributor Location: Texas, USA Joined: Mar 16, 2010 20:11 Messages: 9090 Offline

Mar 22, 2015 16:58

Youtube is not the only source for royalty free music.

The SmartSound (Magic Music) built into Powerdirector is Royalty Free music.

There are many Royalty Free music sites on the internet. Carl312: Windows 10 64-bit 8 GB RAM,AMD Phenom II X4 965 3.4 GHz,ATI Radeon HD 5770 1GB,240GB SSD,two 1TB HDs.

BarryTheCrab

Senior Contributor Location: USA Joined: Nov 06, 2008 22:18 Messages: 6240 Offline

Mar 22, 2015 17:18

I have gathered many music sources on my LINKS page, many of them mentioned on this forum

by various members over the years.
http://bgillcyberstudio.com/barry_gill_cyber_studio_002.htm
Have yourself a fun time rummaging through the links!

This message was edited 1 time. Last update was at Mar 22. 2015 17:19

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ynotfish

Senior Contributor Location: N.S.W. Australia Joined: May 08, 2009 02:06 Messages: 9977 Offline

Mar 23, 2015 03:09

I don't understand how a question referring to DirectorZone's Terms of Service - http://directorzone.cyberlink.com/info/termsOfService.jsp - has only been answered with reference to PDR's EULA - http://www.cyberlink.com/support/product-faq-content.do?id=17447&prodId=4 They're two completely different documents, & not dependent on each other for interpretation.

Directornew60 - from the Terms of Service document, it would appear that you can use DZ content right up to the point where it becomes "non-personal" or "commercial"

You would have noted under Intellectual Property Rights and Ownership > User Submissions - License Grant that by uploading anything to DZ, that you're giving CL a non-exclusive right to do whatever they want with it (i.e. commercial)

... and we won't even go near how much material is on DZ that blatantly infringes copyright. That would be a separate question and unrelated to the OP's.

Cheers - Tony
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Directornew60

Newbie Joined: Mar 22, 2015 09:42 Messages: 5 Offline

Mar 23, 2015 11:06

Thanks everyone so far, has helped me already.

It seems that there is a strange asymmetry in the Terms of servies in that the uploader has to give away all rights to the public incl. commercial versus the limitation by Cyberlink that the material is only for personal use and noncommercial.

SmartSound looks good for professional use, but a bit steep with 39-99$ for some small ambient backgound sounds. I am going with youtube "free" audio for now, let's see what I can find. There is also a glut of cc content out there, but I am worried that I might get flagged because the citation wasn't correct enough.

Directornew60

Newbie Joined: Mar 22, 2015 09:42 Messages: 5 Offline

Mar 23, 2015 11:08

Quote:
... and we won't even go near how much material is on DZ that blatantly infringes copyright. That would be a separate question and unrelated to the OP's.

Cheers - Tony

From a practical perspective that is very related and makes me think not to use DZ ever...