Be Aware of Potential Copyright Infringements

You're listening to Podiatry Marketing, conversations on building a successful podiatry practice with Tyson Franklin and Jim McDannald. Welcome back to Podiatry Marketing. I'm your host, Jim McDannald. Joined as always with my trusty co host, Tyson Franklin. Tyson, how's it going today?

Good morning, Big Jim. It is absolutely fantastic. I am on top of the world at the moment. I feel so good. I don't know if it's the weather at the moment, like winter winter in Cairns is amazing.

It's just just one of those times where we have no humidity unless you're from down south and they still think we do, but we know we don't. And I know it's just a it's just a great time of the year. I'm full of energy.

That's awesome. I I feel very similar but on the, you know, the complete opposite side of the world during summertime, getting out to soccer games for my kids, spending time with them, being outside, just, you know, getting out of the house after, you know, a long Canadian winter. And like they say here in at least here in Quebec, we have two seasons. We have winter and construction, so I'm enjoying the construction season.

I think we've mentioned that once before. You mentioned that the two seasons. And I said, up here, we either have hot or hotter. But and with one of the hots, it's usually wet. But during winter, normally, we don't get a lot of rain, but I'll tell you, the first six months of this year, just everyone was wondering if it was ever gonna let up.

And as I say that, it starts raining.

There we go.

There you go. So but it's not gonna ruin my mood. So let's get on to today's topic, which is be aware of potential copyright infringements. And in brackets, I should put Tyson. I should emphasize that part.

So this is an autobiographical situation we're gonna dive into today, I guess.

Pretty much. Yeah. The reason it's top of mind is I received a YouTube copyright infringement notice. I will point out it's not the first time, but this this is the first time I paid attention to it. And in the past, I had received and I sort of didn't really make any sense, but this time I decided I'm gonna actually read it and see what it was all about.

And this is what I actually said. I've got it written down here. Copyrighted content has been detected in your video, and the video at the time was three two six embrace glimmers finding joy in everyday moments with Tyson Franklin. And it said the visibility of your video is not impacted, so it was still gonna go ahead as normal, but you can no longer monetize it. And I finally got my YouTube channel to that point where I can monetize my videos.

The copyright owner is now either monetizing it or receiving analytics about it. Okay. I went, okay. They said this is not a copyright strike and does not affect your channel. So I wasn't I didn't do something that was just outright, you're doing some really silly stuff here.

I had accidentally breached the copyright rules, and I was totally unaware. And I think if I'm totally unaware, and I'm usually quite aware of these things, that's why I thought this topic was really, really important to sort of touch on.

Yeah. So what options did you have as far as, you know, like, can I give you this infringement notice? Like, what what are your next steps?

Yeah. And I will admit point out, YouTube are fantastic about all this. So they actually said, what can you do? First thing, leave the video as is, and you are fine with the restrictions on the video. So all that means is I I can't monetize it.

They're gonna show it as normal, but I don't necessarily get any analytics from it. It said the next thing you do is edit out the segment by trimming, muting, or replacing the copyrighted content with the YouTube video editor. Now I didn't realize it was a YouTube video editor. I've never used it before. So that is something that I will look at.

And it says you can always revert back to the other changes. So if you do the editing and you go, ah, it's bugging up the video, then you can change it back. It says submit a dispute to the content owner if you have the rights to that content, or just go and edit and just reupload the thing. So, of course, Tyson being Tyson, let's dispute this.

When in when in doubt, argue.

When in doubt, argue. Stand stand your ground, dig your heels in, and and argue the point and say, no. I'm gonna argue this. I'm gonna dispute it. Because the way that they sent it to me didn't make any sense.

I'm thinking, what did I do wrong? I I couldn't see what I did wrong. The the episode that I I had uploaded, then I went through and found out I had about 45 copyright disputes from the same place. And I go, what have I done wrong? I and every each one was a podcast episode where I'd uploaded just the audio.

So it's normally when I do a podcast, I'll have you on as a guest. We will do the recording. I will then upload that video, but I don't put any music or any intro music or any or any intro music. It's just the interview. When I do the podcast, I put intro music over the beginning so it just sounds nice, just like this podcast.

For sure.

Then I do the music at the end, an outro music. So they and and sometimes I've uploaded those episodes just as an audio version. No. It's an audio version of the podcast, but it goes on to YouTube. And because YouTube has become a popular place for podcasts.

And so, anyway, I'm thinking, what have I done wrong? See, because I had paid to use that intro music for Podiatry Legends podcast from a legit website called Audio Jungle. And, you know, when you go into Audio Jungle and you listen to some of the music there, it just keeps repeating. Audio Jungle. Audio jungle.

So you can't you you have to pay for it if you like that song. So I found something that I liked, which was the introduction music, and I used it. Now, of course, Tyson being Tyson, I didn't read the fine print. Didn't read the terms and conditions. Here's another point.

That'll get you that'll get you.

It'll get you every time. Who reads the terms and conditions?

Really? I mean, that's the that's the thing you, like, scroll down to the bottom and you click Click. Like, next or or finish or sign. Yeah.

Yeah. Because you're just like, oh, yeah. Yeah. It's gonna be hey. You've just paid for the music, so I can use it wherever I want.

And what I'd actually paid for was what they called a single use license, which meant it cannot be used on multiple platforms. I could use it from a podcast. That was fine. I can use it on multiple episodes of my podcast, but I couldn't use it on YouTube, Facebook, on my website. So a single use license means you can only use it on the one platform.

You can't use it on multiple platforms, which is where I got myself in trouble. Not to the point where I was taking their music, putting words to it, creating my own song, and becoming a a Spotify superstar. Yeah. Yeah. That wasn't happening.

But it was enough for them just to go, hey. You're using you haven't paid to use it on these different platforms. So I was totally out of it. So the moderator of the music of course, remember, I put my dispute in going, no. YouTube got back to me and said, no.

They reckon you're wrong, and therefore, you're in breach. Okay. No problem. So I go and hunt down the moderator, you know, who the own the music. I sent a polite email.

Hey. I've heard that I'm yeah. I've done the wrong thing. Could you please tell me what I've done wrong? They were not understanding.

Their emails were not friendly. They were quite direct, and they were extremely angry. And so I wrote back to him another email. I said, look, totally understand. I've done the wrong thing.

I get it, but you could please clarify what did I do wrong. Plus, I was being lazy. I didn't wanna go back and read the terms and conditions. I thought they would just point it out. Their response, ignorance is no excuse.

That's all they said is you're in breach. Ignorance is no excuse. Read the blood terms and conditions is what they told me. So I did. I did read the terms and conditions, and yeah.

And they also told me I've been doing it for years, and now they have the technology to track these infringements. So prior so I've been doing this for five years.

Off and on. Repeat offender.

Repeat offender. So they said they found out they'd heard about it or they they were aware of it, but they couldn't track down who I was. But now they've got the technology to actually do that. And yeah. So I think it was about I think it went through.

It's about 25 times, not 40 something times that I had breached it. But purely once again, it's just pure total ignorance. I was unaware that I I did it. So they're not taking any further action, which is good. But they are now the copyright because they're the copyright owner, any ads that come on to any of those videos, they are gonna receive any monetary gain from it, which is fair enough.

I did the wrong thing. I don't have a problem with that. But I am gonna go back into each of those videos, and any of them that are sort of I didn't get many views, I'll just delete them. And those have had a lot of views, I will go in there, reedit, trim it, and just try and do the right thing. That's pretty much what I'm telling everyone.

Do the right thing. Read the terms and conditions.

No. That makes sense. I think whenever we I was looking for music for our intro and outro, one of the kind of free copyright, you know, you can multiple use channels. You can use it is actually through YouTube itself. And I think I found copyright multiple use options either through YouTube searching YouTube, or sometimes you can find that YouTube has a small library itself of some some sounds and some songs you can use.

But, yeah, you definitely you gotta you don't necessarily read the fine print, but you need to make sure that it's multiuse capable.

Yeah. Well, I'm gonna get onto the whole multiuse because now I'm with I've I've found some music. I found a place where I can get stuff and sound effects and all that that are multiplatform. But what you're also gonna be aware of multiplatform doesn't mean multiple channels on those platforms, which I was unaware of as well. But I'll get I'll get to that.

So, anyway, I just want I'll go back to it. It wasn't the first time I'd made this really simple mistake about background music. Once I had the Disney Corporation come down on me like a ton of bricks. Because you know that song, you know, What is it? Is it the Charge Your Life Brigade, is it?

Or Yeah. Yeah. Like,

yeah. Anyway, that song

We're gonna we're gonna get a copyright on this one.

We might because we've hung it. We'll see what happens. But that was as simple as what happened. I was showing a video, and that was playing in the background of a video that I was using when I was doing the reboot program. I uploaded it to I actually uploaded this one to Facebook, I think it was.

Facebook got me and just said Wow. And what was funny is I had uploaded that video into a private group on Facebook, and Disney were for some reason, they said, Disney owns that music. You gotta take it down. So I did I took it down, took out the part, and reuploaded it. The second time that it happened previously, I was aware of it, was when I did a video reviewing my USA trip in 2022.

Now I only just found out that I was a breach of copyright couple of days ago. I was totally unaware. And what it was, I went through it and I got, where did I go wrong with this? I I didn't have any interim music. I I just shot a video explaining my trip.

I did use it on a podcast, but I I did a separate video. And then I found out when we were actually at the baseball, and they sing that song at the seventh innings, we're all at the ball game or whatever it is. The music's playing in the background, everyone's singing.

The seventh inning stretch, take take me out to the ball game.

Yeah. Take me out to the ball game. Yes.

That's We're gonna get struck again. So

when that played, obviously, that was what they did wrong. They played two songs, and I did a little video of us of a group of us all singing together, singing this song. Good part is is one of the guys who's in the the video with us has now become a really good country singer in Nashville. So I gotta hold on to that video. I'm not deleting that one because if he becomes famous one day, I'll get a well, here's him him and I singing together at the at the baseball.

One of us is doing it really well, and one had had too much to drink. I'm gonna say it's him. People see the video one day. Have you go if you go and watch go and watch the video USA trip 2022. Anyway, I reckon I got off quite easy, but that may not always be the case with people.

So I think it's I've got a few more things I wanna say. Any comments on this so far, Jim? Other than you you think keep laughing at me.

No. I mean, this is this is stuff that you just, you know, you run into. Right? You just you think you're just singing a song. It's like, whether it's happy birthday or take me out to the ballgame.

If you're using background music, I know that I've had videos in the past too where it was racking up tons of videos and before I was making podiatry marketing videos. If it had any kind of, you know, copyrighted material in there, even if it's a song you like, there would be you know a previous podcast I did had, you know, kind of a version of a song that it was, you know, I couldn't use it because of this this issue. And if you're, you know, making videos and you're using any kind of background music on those videos to make it more interesting, you gotta be really, really careful. Otherwise, you know, maybe you're not they're not gonna be quite as nice as they have been to you. You know, obviously, the the emails weren't nice.

They were sent to you, but you didn't receive a lawsuit or a Nice. Summons to appear in court. Right? So you definitely wanna try to avoid that kind of stuff.

Oh, and I've heard some really nasty things happening in people where they've been a huge breach, and what they've done, they've actually made a lot of money from it. And because they've made a lot of money from it, the other person's gone, well, hang on. You've made money from this. I am going to not only take that money from me, but I'm also gonna punish you for being silly. Now they must have known looking at my channel that I did not make a huge amount of money from it.

So they flipped me off that way. But I'm now using a group called epidemicsound.com. Cost me about a hundred $20 US to get it. I actually read their license agreement and terms and conditions before I

chose them. Congratulations.

I know. There's a first for me. And and they didn't take that long to read once I got into it all. So their music and sound effects can be used on multiple platforms, so YouTube, Facebook, Instagram. Your website is classed as a platform.

So, I mean, if you think you got the license, this is probably where I've also been in breach where I've had the podcast and then I've uploaded the podcast to my website, that's in breach because it's two different platforms. But their music and sound effects can be used on multiple platforms. And multiple platforms are like YouTube, Facebook, Instagram, and even your website. So your website is classed as a platform, but only one channel per platform with the current license that I have. So if I wanna and what they mean by that is you might have a YouTube channel, but you might have two or three YouTube channels.

I can use YouTube as a platform, but if I have three different channels, you know, Tyson e Franklin, but then I might have another one, you know, titled, you know, what's in the backseat of your car.

Or trying to let me trying to let me use that account as well. We can't we can't use it with

Yeah.

Podiatry Marketing's channel.

Yeah. So we're we're both it's the platform is YouTube, but we have different channels. And you might have a Facebook page. You might have multiple pages. So I can upload that to one, but if I wanna upload it to multiple, they class that as, yeah, I need to have a different type of license.

So I'm gonna use it with the the the current license that I have, and if I find that I I wanna use it in other places outside of those, I'm going to pay the extra. I think that's the smart thing to do.

I agree.

You agree. I'm glad you're about waiting for you to go. No. Take the risk, Tyson. So and the other thing I've just come across recently is YouTube has what they call a copyright match tool, which I have now signed up for.

And it's even my own videos that all the stuff that I upload, it said that they now have the technology to go through everything, and they can look at my videos and see if any of my videos have been used on any other platform. As soon as I registered for it, four of my videos have been used in other places. Really interesting. And I didn't worry about it because all four, I knew who they were, and I knew why they had used it. Three out of the four had actually asked me, so it wasn't a problem.

But one didn't. And I sort of went and when I looked, I said, oh, they've got 300 subscribers. They don't make any money from it. So I don't care. Didn't really matter.

But the tools are there, and this is what people have why I wanna warn people on this is the same rules apply with photos, videos, everything. And with AI and other software recognition programs that are being used, Google have got a program. You take a photo of anything. Just put it in, and it'll tell you what it is, where you get it from, everything you wanna know about that. So with all these programs being used, it's not if, it's when you'll be caught if you're if you're using copyrighted images.

And I know so many podiatry websites that have got stock images on there. And if anything like me when I was first doing my website, I go, oh, there's an image I just saw on somebody else's website. Screenshot. Use it. Because it just seemed the easiest thing to do.

I didn't realize it was in breach. And I've heard about a podiatrist in America who got sued for $20 for taking a photograph from another podiatrist's website that they saw a photo and went, oh, that looks good. I'm gonna use that. They're in a different state. They don't even know who I am.

Used it, and the podiatrist got really annoyed. And he said he's saying, hey. Can you take it down? Which is what I would do. They obviously didn't like the person and bang.

And I heard they got $20 they had to pay in in damages.

That's crazy. I mean, that's one of the reasons why I think it's really important that people get their own have their own photoshoots

Mhmm.

Have pictures of them doing things in their clinic is another great example of why why it's worth investing in a photoshoot of you treating your ideal patients and kind of creating that stock images of you and you and your your clinic actually doing those tasks and those actions. So.

Yeah. Another thing you remember too, and could be different rules in different countries, whoever takes the photo owns the photo. So if I grab your your camera, Jim, and I take a photograph of you, I actually own that photo. It's the person who takes the photo owns the photo. So if you have a photographer come in, does a whole pile of photo, does a photo shoot, you need them to sign off to say that you now own the rights to all those photos.

So it's important to remember. It's probably no different if you're going to a printer. They design a a brochure for your business card. You need to get them to sign it over to you so that you own the artwork. Even though you paid for the artwork, it doesn't mean you own the artwork.

So there's little technicalities like that that you may not get in trouble with. But I have heard of printers suing for damages to other businesses where they've done all the artwork for them. They did the original print for them, and then they've taken that information, got another printer to use it. And they've gone, hang on. And the jobs that they were doing were big jobs, and they go, hang on.

We did all the artwork, but they don't own it. So and I think Canva, if you go yeah. That's why websites like Canva, and I have the pro version, so I get access to better images. So it's all those sort of things. Like, going back to the beginning, read the terms and conditions.

But be aware that laws may be different in different countries, but I think the overall the overall purpose of the laws is gonna be very similar, like exclusive rights of reproduction, adaptation, publication, performance, and how you display anything. You gotta make sure that you are allowed to actually do that.

Yeah. It's making me kinda wonder. I will sometimes use b roll from Descript making like a short, YouTube video. Or they have these kind of, like, AI b roll for videos that you can put in now. And I'm I'm kind of curious with the some of the tools that I use for these video editing softwares if what the actual terms and conditions are now.

I'm not sure if I'm gonna get off this podcast and go read those, what seems like hundreds of pages of boring text, but maybe I should look into maybe using ChatGPT to ask it, you know, what kind of license do I have with the Descript stock images or stock video or Canva, for example.

Yeah. But it's it's like any law that what that the person that I was in breach of who sent me the email back and just said, ignorance is no excuse. And that and that just applies with all laws. You can't say, oh, I was totally unaware of that. It doesn't doesn't really matter.

And in Australia, generally, and this is what I'm saying, you check your own countries, copyright lasts for seventy years for works after the death of an author. So like my book, It's No Secret, It's Money and Podiatry. You gotta wait till I die, guys, before you can just go and copy anything from that. Seventy years after my death. So then I won't know anything about it.

What they say? Seventy years from a publication for sound recordings and film after after being made public, fifty years for television and radio broadcast after being broadcast. And that's probably why sometimes you'll see someone talk about something, and then they'll put an image up at Charlie Chaplin doing something. They're always dead, But that was already broadcast. It's been more than fifty years, so I can now actually use that.

So two last things I just wanna say that not all reuse is copyright infringement. And I just got this off of YouTube, and I went and checked this on Google as well. It said a channel that transforms original content for commentary, criticism, or parody may be protected under a doctrine of fair use. So you need to go and work out in your country. What is fair use?

I got a friend, Joe Pardo, and he watches a lot of the Shark Tank shows. And he'll play a little bit, stops it, and then he gives his comments over the top. And he's and he's told me in the past that he's able to get away with it because it it's a certain time it's a certain amount that he can play that he must stop and then comment. And as long as he does that, he gets away with it. But my final comment, if any doubts, go and talk to an expert.

Talk to someone who knows this inside out. If you're doing something, you think, am I in breach? Check it out yourself first. If in doubt, go and talk to an expert. Don't just listen to myself and Jim.

Yeah. We are definitely not when it comes to copyright law, we we are not the experts. We know a lot about podiatry and foot and ankle marketing. But, yeah, if you do have questions when it comes to copyright, then definitely get in touch with an expert that who is not us.

Yeah. So I I just thought this topic was really important, and I hope everyone listens to this. I hope I haven't frightened anybody that they're sitting there now and go, oh my god. I'm about to lose my house. But it's just be aware, read the terms and conditions, and know what your rights are, protect your own information.

And, like, if you're reading another podiatrist website and you go, oh, that's really good. I'm just gonna copy that and just change these three words, and now it's mine. No. It's not. It's still theirs.

So just be aware of that. And you might find if you've done the wrong thing or taken something from another podiatrist, they might be nice about it. Like, I I I've seen websites where they copied word for word my website, and I didn't give them permission to do it. And I just went, I couldn't be bothered to argue him. Just went, oh, whatever.

And I just sent an email saying, can you just change it? At least change it a little bit. Put some effort in. But I've got other people, other podiatrists know, because I used to write a lot of blog articles, and I just give them copies and go, here. Just use this if you want.

And I, in an email, give them permission to use it, and I don't have a problem with it. Sure. So okay, Jim. I look forward to talking to you next week.

Sounds great, Tyson.

Okay. See you.

Thanks for listening to Podiatry Marketing with Tyson Franklin and Jim McDaniel. Subscribe and learn more at Podiatry Marketing. That's the website address, podiatry.marketing.