Local News Used My Dashcam Footage without Permission

LJoeBlack03 on 07/12/2020 - 11:02
Last edited 07/12/2020 - 20:47

Hi frands,

I've recorded a dashcam video with a road rage fight, luckily there was no damage to bystanders. I've sent the footage to Dashcam Owners Australia, and soon found it on local news channels (9News & 7News, Gold Coast), although I have not contacted them. Interestingly enough, Dashcam Australia itself still has not published the video.

My question is: do they have rights to publish my video without even contacting me?

The question is purely out of curiosity, I'm not going to chase them for a couple of hundred dollars.

Video (one is chopped, another one is full with no sound):
https://www.9news.com.au/national/dashcam-captures-road-rage…
https://www.facebook.com/9NewsGoldCoast/videos/2195810395605…

Thank you for your time :)

Edit: Dashcam Australia uploading page states: "By clicking transfer you acknowledge you own / hold the rights to the content you are submitting authorise Dash Cam Owners Australia to publish your content. You retain full ownership of your content."

Edit 2: Thank you, everyone, for the input, your thoughts were the most helpful!
I believe, we found the answer somewhere within our discussion. <O

Automotive

Comments

  • YeemaiI on 07/12/2020 - 11:08
    +2

    Your "Edit" has answered your own question now.

    • JoeBlack03 on 07/12/2020 - 11:25
      +2

      I was still curious about the "You retain full ownership of your content" part. I thought I have authorised only the Dascam Australia, not anyone else.

  • Sawtell on 07/12/2020 - 11:11
    +1

    Interestingly enough, Dashcam Australia itself still has not published the video.

    The did publish it - I saw it on there maybe at the end of last week? Cant remember exactly.

    Maybe someone made a copyright claim and facebook took it down.

    Edit: still there:
    https://www.facebook.com/527827413943570/videos/732432864046048/?so=channel_tab&rv=all_videos_card

    • JoeBlack03 on 07/12/2020 - 11:22

      Ah, I have totally forgot about their facebook page >_<
      Thank you :D

      • Meho2026 on 07/12/2020 - 12:26
        +1

        probably means Facebook own the copyright now

        • Krankite on 07/12/2020 - 12:36

          An interesting mess of copyright law, Since you gave Dash Cam Owners the right to publish and they Facebook the right to publish/sell to third parties.
          Dash Cam Owners probably needs to update their ToS to include the ToS of any platforms they publish on. From what you've said you could the videos taken down with enough effort. Any compensation would be limited to damages of approximately nothing.

          It's worth noting even if published directly to facebook you would retain copyright but facebook would be allowed to license it out. Meaning a TV station could get a license to the footage from either you or facebook.

  • Fergy1987 on 07/12/2020 - 11:12
    +1

    That guy came out of nowhere like a cheetah hunting a majestic gazelle

    • Zachary on 08/12/2020 - 16:59

      that guy at the one minute mark…hahahahahaha

  • [Deactivated] on 07/12/2020 - 11:12
    +11

    You have helped expand the Dashcam Australia brand with your own footage and at no charge, god bless you

    • Almost Banned on 07/12/2020 - 12:30

      Don't forget the YouTube brand

  • Nugs on 07/12/2020 - 11:14
    +1

    contact ACA, oh wait
    .

  • MS Paint on 07/12/2020 - 11:15
    +3

    "Seriously, it's like watching YouTube," the dashcam owner can be heard saying.

    "Seriously, it's like watching YouTube," JoeBlack03 can be heard saying.

    FTFY

    Thank you for your time :)

    The pleasure was all mine.

  • apsilon on 07/12/2020 - 11:18
    +5

    Take screenshots etc and contact them asking where you send the invoice. You're fully entitled to compensation. It's copyrighted material.

  • 87percent on 07/12/2020 - 11:23
    +4

    what a bunch of dumb (profanity).. side note - the DCA 2020 best of was a bit of a let down

    • Fergy1987 on 07/12/2020 - 11:28
      +2

      I mean the woman who didn't understand why her version of "All Star" was looping was pretty funny.

      • JoeBlack03 on 07/12/2020 - 11:39

        Yeah, that was funny :D
        I'm a bit disappointed that my video didn't make it in though xD

      • 87percent on 07/12/2020 - 11:44
        +2

        yeah.. and that holden that went up the wire

        • brendanm on 07/12/2020 - 12:49
          +1

          Very impressive strength on behalf of that cable.

  • whooah1979 on 07/12/2020 - 12:02
    +3

    The media is using your video under the fair use provisions of the copyright act.

    • JoeBlack03 on 07/12/2020 - 12:02

      Could you elaborate on that?

        • JoeBlack03 on 07/12/2020 - 12:10

          I guess, we're talking about the following part:
          "Fair dealing exceptions allow use of copyright material for the purposes of review or criticism, research or study, parody or satire, new reporting , judicial proceedings or legal advice."
          I assume the "New reporting" is a typo of a "News reporting".
          Alright, that answers my question, I guess.
          But does it mean they can have anyone's footage free of charge? Or only if the footage itself is a news?

        • JoeBlack03 on 07/12/2020 - 12:14

          I mean, what stops them from using any youtube video they want as a "news reporting material"?

          • Euphemistic on 07/12/2020 - 12:17

            @JoeBlack03: They do use any published footage they want. They don’t want lots of it though.

            They also need to be extra careful if the footage isn’t publically avaaible.

          • whooah1979 on 07/12/2020 - 12:18

            @JoeBlack03: Cost vs views.

    • orangetrain on 07/12/2020 - 12:03

      Link to this?

  • bobbified on 07/12/2020 - 12:02
    +1

    The words used in that news story are as cringeworthy as the incident itself. And lets not forget the guy with the man-bag! LOL

  • Euphemistic on 07/12/2020 - 12:10
    +2

    News organisations are able to use footage as ‘fair use’ for reporting purposes. There are rules on how much they can use and acknowledging the source.

    • JoeBlack03 on 07/12/2020 - 12:12

      Thank you :)
      I have answered another commentator above regarding a similar reply.

  • lunchbox99 on 07/12/2020 - 13:33
    +1

    Pretty sure unless you signed a moral rights waiver, under copyright law you are entitled to attribution on the reproduction. Significant damages have applied in cases where this has not occurred.

    https://www.artslaw.com.au/information-sheet/moral-rights/

    You could argue that your ability to sell it to other networks was harmed. Talk to a lawyer… or let it go

    • JoeBlack03 on 07/12/2020 - 14:28

      Thank you for the reply :)
      I'll let it go)

  • TheBilly on 07/12/2020 - 13:38

    Sue them

  • crashloaded on 07/12/2020 - 14:33
    +1

    My guess is they don't pay until you take legal action then they settle the matter. Depends if you can be bothered and they know most people won't be.

    • Euphemistic on 07/12/2020 - 15:53
      +1

      They might pay if you offer them exclusive access to the video, but when it is already publically accessible, that’s not gonna happen

      • crashloaded on 07/12/2020 - 17:09
        +1

        Yeah. Who really cares anyway. Not like it's gonna make you rich selling dash cam footage. If that's what you want to try, you need to watermark your vids before submitting them anywhere.

  • mauricem on 07/12/2020 - 14:58
    +1

    What a bunch of numpties, hope they all get charged to the full extent of the law!

  • OzHunterNSW on 08/12/2020 - 10:03
    -4

    You relinquished your rights the moment you uploaded it.
    What do you want?
    You couldn't even film the event properly.
    And…. what are you doing using your phone whilst driving?

    • DoctorCalculon on 08/12/2020 - 17:50
      +1

      What do you want?

      Angry much? 🤪
      Take a deep breath.

      what are you doing using your phone whilst driving

      Google "dashcam", and be awed!

      • JoeBlack03 on 08/12/2020 - 19:04
        +1

        don't feed the troll =]

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