 Usually do that. Alright, oh, before anybody logs on, we might as well get the ad out of the way. You have seen this ad before, even if you are an infrequent viewer of hardware sugar. Piliin ang preferred pay-pen friend mo. Wala pang 5 minutes na sizigit na para sa windows mo. Maraming na kaming na tulungan. Date, 7% ako. But now, I'm from a love of my life. Date, ikumresan walang purchase ang life ko. But now, I'm a world-class Zumba instructor. So, web developer ako and content creator for a YouTube channel. And ngayon, ganun pa rin ako, pero activated na yung windows ko. Kaya ako naghanap ka ng legit, mura at original software. Check out cdkoffer.co Check out cdkoffer.com Check out cdkoffer.co So a bit different for our live stream today. Yung kwento, pano nangyari ito? I did a podcast recently where I talked about how one of my acquaintances na meet ko because of hardware sugar. So it's also in the tech space, it's also a content creator. Napansin itong, I don't use their names. And if you listen to the podcast like from two shows ago, it's detailed there. Sorry, I'm checking a slack. So super fast lang anong context nito ng live stream na ito. So I have an acquaintance, tech journalist one. And he noticed that another content creator who was doing a graphics card review copied the data of another content creator. So yung mga persona dito sa kwento natin. Tech journalist one who I am an acquaintance with who published on his Facebook na, ay itong si tech journalist two copied the data of a Malaysian tech publication. Instead of running the benchmarks himself, yung ginawani tech journalist number two he just copied the data and he didn't acknowledge na hindi siyang gumawa ng data. So the whole story is there in the podcast. It's available here on YouTube, it's also available on our Spotify, if you want to know the whole backstory. But after that, so I am acquaintances with tech journalist number one and he reached out to me. Well, he reached out to me in the sense na, he sent me a message saying that this was the original video na save niya and just kind of like a tip of the hat na hey, I noticed that you acknowledged the issue. Tech journalist two, the guy who was in the hot seat because he was the one who copied the data from the Malaysian publication also reached out to me and I do not know tech journalist two, although nagsachat na kami ngayon through Facebook and it's not my purpose here to pass judgment or to side with anybody but the whole thing just led me to the conclusion na content creators, a lot of content creators aren't too familiar with A, the legal framework which underpins or which is applicable to their work. What happens when you create a video, what happens when you create data and other people get it, panima reaction videos because you're using clips from other videos. I mean just practical things like that. Also, aside from the legal side there are also kind of community-based guidelines which we get from the academe and that's referencing and citation. If you don't use your date, the data that you're citing is not your own. You're supposed to cite, you're supposed to tell your audience, you're supposed to tell your reader, your viewer san galing yung data na yun. So this whole kerfuncle, this whole episode between the different content creators kind of pushed me to the realization that a lot of people are not familiar with A, the law and B, the rules and I am kind of in a position to comment on both because I am a lawyer. I do content creation also for YouTube. I have been doing it for a while now. I have also been a lawyer for a while now. Well, I never actually practiced IP law. It has been a academic interest of mine from the very beginning. My thesis, my law thesis was about IP law not to brag about it but just to establish some bonafides it was well graded. Matas yung grado ko dun sa thesis ko for Dr. Dr. It was also an intersection of IP law for educational purposes. I was a professor then of English. I am a professor now of marketing. So this, kind of like a whole different intersections of my interests, my academic interests, my interests as a content creator, my interests as a lawyer, all kind of intersected together in this episode between the two content creators. So I thought it would be useful for everyone if there was a very basic guideline. So I, this is geared towards more of the layman who is in the thick of content creation and you don't need fancy-smanshy lawyers, you don't need ATTY in front of your name, you don't need a law degree to appreciate the rules which should govern how we do, how we panan natin, ginagawa yung content natin at intersections na binibigay nung batas para sa mga content creators. And if there are protections, there are also responsibilities and obligations. As a content creator, what's my obligation to other content creators if I'm borrowing their work? Can I borrow their work without permission and things like that? And to be honest, for a lot of people, this seems like a very boring topic. This will also go out as a podcast. So this will be this week's episode so it will be both a podcast and one of our live streams for this month. And I have turned off comments so I can't see the comments. I will look at the comments at the end but if I put on comments now, I'm just going to get distracted and I'm going to say hi to people and things like that. So my goal for this afternoon is just a very short introduction both to copyright law, what's important, what's relevant, what's pertinent and also the rules, what to follow as a community for the betterment of our content and for the better appreciation of our audience. So I'm going to try to really remain on topic. If you watched my other live streams, I have a tendency to meander. It's also true when I lecture in class. It's also true when I do other live stream content. But we do have an outline here on the right-hand side of the screen. If you do have questions, please do put them in the comments. At the end of the very, very short talk. So without further ado, first step or let's play the groundwork. Ano ba yung first principles natin? What works are under and are not under copyright? Ano ba tong copyright na to? Basically any work where you are the author. So author means if you wrote a song, if you wrote a poem, if you made a video, even if you created a program, those are also under copyright. Copyright is just one aspect of intellectual property law because you have patents which cover inventions. You have trademarks which cover the common logos that we associate with brands. To be honest, there is another, I think there's one that's less well known. It's kind of like patent, but it's not derivative work. It's been a while since I did basic copy IP law. But just for the purpose of this talk, all you really need to know is as a content creator what you produce kahit TikTok yan na 15 seconds, kahit YouTube video yan one hour, that is covered under copyright. And immediately already there na ming tanong. I make a TikTok and I'm dancing. That TikTok, the video presentation is owned by me. Yan yung legal effect ng copyright as the owner. And we'll go into that. That's for two and three. Dito pa lang, you film a TikTok and you're dancing, the video is yours. That's you. Sorry, not the moves, but the representation, the recording is under your copyright. But you've used a song that is not yours. Maraming TikTok na gumagamit ng sound effects, music and things like that that are not yours. How does that affect your copyright? And what are your obligations so we'll get into that. But just for number one, what is copyright that's a legal protection given to authors. Authors doesn't just mean books, it also means videos, music, architectural designs, software, like the programs are also under copyright. And it's not too highfaluting, it's just one aspect of intellectual property lo. It's not even the entire intellectual property lo at their other branches. Most likely if you're a content creator whether it's a picture that you shot, a video that you took, your work is protected. You do have copyright as basically it establishes you as the owner for your content. So by definition content creators are also copyright holders, they're also copyright generators that you're producing works that are under copyright. So how do you get copyright? You just need to create. There is no legal there's nothing else you need to do legally in order to create or to establish in order to get your copyright, in order to have to activate or to say that I have copyright, all you need to do is create. This livestream after it's done, or even if it gets cut off, the remaining sorry, let me just it'll be easier to annotate later if I remember to put my thumbnails like what time what time I hit each segment of the talk. So like this livestream is under copyright would be under my copyright and I don't need to do anything anymore. I don't need to apply to any government office. I don't need to submit an application or something. Once I have created a work that work is under is mine. I own it. It's under my copyright. I have copyright over it. But usually the big problem that's not a big problem for us content creators where a lot of the creations are automatically dated. For example like this livestream it's very clear it went out on August 13 at around 3 something or so PM. But a lot of other works are not like that. If you write a book how can you prove that you wrote that software program before that other guy? So copyright comes from the act of creation but for evidentiary purposes if you want to enforce your copyright it's a lot easier if you go through a registration process. In our law Philippine law does provide for that. Basically it's you have to register a copy actually I don't know if it's our videos this is more for works for text like if you wrote a book a short story poem you you register it with the national museum or library or something like that. Again this is not to create copyright but it's to create the evidentiary material that would make it super easy to enforce your copyright. But it is not needed to actually create the copyright. The mere act of creation already establishes your copyright. Again I don't want to go into the registration process because it's not really applicable to content creators. What's important nga is na madali lang kasi through the platforms that we operate through YouTube, through Insta, TikTok, Facebook, naki hitaka agade and it's very easy to see like you took a picture or you took a video B-roll of a headset for example you're doing you're doing a video on this headset and you take B-roll and when you publish that video it has to be published because nga we're going into evidence. How can you prove that your work became was earlier in time and earlier in time wins. Whoever published the work first it's easier to establish that yes copyright mo talaga yun. I mean yung ano very practical level isipin mo na lang na you have two video creators exactly the same video but one published earlier on YouTube. It's much easier for that creator to prove na ako talaga gumawa noon, ako creator noon and tina mo yung pinublish ko sa YouTube August 13 something something ay yung isang guy, he only came out one month later to say that he had shot it two months ago for example and again here we go into evidence. The law gives you copyright from the moment of creation even if it's not published but how can you prove that and with content creators it is quite straightforward you might have shot the b-roll earlier but it's really important when you published it because it's very clear you can point to that date and time where you published it and say that okay this is my proof that I am the copyright I am the legitimate copyright owner tina mo pinublish ko to for all the world to see and the other guy came out two months later even if you say that oh you know may date ako dun sa SD card where I shot just from an evidentiary point of view kung ikaw yung judge the preponderance would be well you know it's easier to fake a date on an SD card on a private video or something but you know it's hard to fake na malamang yung nagpublish sa YouTube siya yung copyright owner because pinublish nyo yung nakita ako sa YouTube it says here August 13 so it's very important to note that while the law gives you copyright from the moment of creation kung magkagulo kung magkag controversy siin nga ba talaga yung copyright owner we go to evidence because you need to prove your case and it is much easier to prove your case if you do the registration process if yun yung applicable to your particular work in general but also if you're content creator from the time of publication that's very clear evidence that's very strong evidence that you are the legitimate copyright owner so you get copyright from the point of production from the moment of creation tangible like you wrote it down or something you just can't claim that oh this song was in my head but then this guy got it I mean it has to be the introduction of the work into the world even if it's a private means um I just wrote it in my diary for example this song or the short story I just kept it on my computer the law gives you copyright from the get go from the start of creation but if there's a conflict that goes into place you evidence will come into play and that is where that is why it is advisable to follow the registration process if that applies to your work and if you're a content creator to really publish as soon as possible because that is clear evidence that you may have the proper copyright over that so consequences of copyright just listing down so it's easier to the timestamps I'm listing down the timestamps so consequences of copyright so what do you get out of copyright why is it such a big deal to people over their works because you are the owner and basically you control when your work can be reproduced and on what terms for example I wrote a song and I somebody who's making a movie wants to use that song in a pivotal scene I wrote a love song beautiful song every time people hear it they cry and the movie wants to use it in the song where the two lovers meet for the last time and then when it's going off to war and you know whatever stuff since you are the copyright owner you can say sure use my song but pay me $10,000 or something as the owner you can set the terms of when your work will be used that is why everybody wants copyright that is why Sony Sony has the copyright to Spider-Man because Marvel sold it rented it out I forget the term to Sony Studios you can put Spider-Man in movies na sayo na yung right na yung for 20 years nung biniliin ni Disney yung Marvel yung rights nung Spider-Man nakaisoni pa rin because they bought Marvel who was the copyright owner but Marvel had already rented out the rights had already given permission to Sony exclusive permission to Sony to use Spider-Man in movies for a limited amount of time you're talking millions of dollars worth that's why sobrang init nung copyright ngayon it's such a fascinating topic because in our modern creator based economy where you have franchises where stories are super important and characters known characters yung mga sikat na characters are so important copyright is such a big deal now and that is why you want to enforce your copyright you want the monetary benefits if somebody wants to use your work and since you're the owner you can set the terms you can tell the movie producers you can use it for that one scene and that's only the gritty they get movie producers they can't just say na I want to use your song wherever in the movie you need to tell them anong context anong movie kasi kong pangit yung movie or kong parang bastos sya na scene or it's a kind of scene that you don't want to use your song then you probably wouldn't give permission to use your song so in movie, whether it's in TV or in movies, are usually very specific when they come to the copyright holders to ask for permission and as the owner you can say that okay you can use it but only in that scene or you can say it's for student again you have that very famous song love song where people cry and then some student filmmakers come to you wala silang budget and you can tell them yeah use it you can use it wherever in the movie it's perfectly fine with me you don't need to explain to the movie studio why you charge the movie studio $10,000 and you gave it for free for the kids or for the student filmmakers in fact Stephen King I think is famous for having $1 baby so he has short stories about students for them to make films or something any license is it for $1 but I think he calls it his $1 babies and it's completely up to you that's the consequence of copyright anyone who wants to use your work whether it's music a program a video for example has to come to you before they can use that copyright and if they don't if let's say somebody just use their music without your permission you can sue them to regain the profit that should have been yours if they had actually sought permission from you that's why copyright is super lucrative especially for if you're an author you come up with a book it's super popular the film writes although that's more like derivative adaptations although it still falls under copyright trying to be super focused here let's not get derailed but that is the consequence of copyright basically you can tell anyone to f off you are the owner just like in your house you are allowed by law to determine who is allowed to step onto your property but as we all know for movies this is a good segue to number four copyright is a form of property basically it is just like real property is real estate or any imovable attached to the real estate I own land within my right as the land owner to determine who is allowed to step onto my land same with the copyright you are allowed to determine who is allowed to use your work and how long where etc but just like land owners there are exceptions to copyright just because you own land doesn't mean you can prohibit people all people from entering your land and that is where warrants coming to play there are legal mechanisms in place where even if the land owner tells the police no you can't enter my land they can still enter if they have a valid warrant that's an exception to your rights as a property owner and in the similar fashion there are exceptions to copyright ang problem sa fair use sorry let's do what fair use is first before tackling a lot of people say fair use fair use but they don't really know what they are talking about it's not really that useful if you want to use copyright talk about that in now so what is fair use I would like to thank the 19 or so people who are listening now to be honest this is kind of a dry topic I am surprised that there are 19 people watching although thank you for watching I will get your comments at the end and it's just really more my hope people will watch this on the VOD or like after this actual livestream and through the podcast so that kung may makatulong sa imang content creators are wondering what rules patalaga what rules should I know and what rules do I need to follow as a content creator so fair use copyright just like as a property owner there are instances where people can go on your land even without your permission example of that being searches with warrants for copyright there is also an exception baked into the law and that is fair use fair use is a very nebulous concept basically a copyrighted work you can use a copyrighted work without permission of the owner maganda yung fair use but it is kind of vague because there are only guidelines it's a case to case basis talaga whether your usage of the work counts as fair use so for example I'm making a video I'm making a short film I use a character not created by me I use a character from another work from another movie it's like if I were doing a short action flick and then Jason Bourne from the Bourne series comes in as a character James Bond comes in as a character that's not my copyright I needed permission but if it's fair use if I argue successfully that it's fair use then I don't need the permission of the copyright owner of James Bond or of Jason Bourne to use that character in my work pero malabo yung fair use because the law has basically four things to look at when you're trying to determine kung fair use nga ba talaga yung ginagamit kung fair use nga ba talaga yung paggamit ng other work na yun the first one is the purpose and character of the use basically if this is transformative di mo lang siya kinopya pero since kinopya mo siya tas dinagay mo siya if you took someone else's work and put it in your own work but because putting it in your own work the way you tweaked it in your own work there's a transformative effect usually like a parody so that's um a parody is a very good example of transformative use because you're taking it out of one work but it's not like a literal taking work but it's kind of like a satire of all of these kind of spies that never die like how many times has James Bond been shot right and so it's a parody it's transformative or it's a critique it's a critique of that kind of very macho way of looking at the world na the best way to enact change is in the dark in secret with a gun so if the plot of your movie uses a James Bond like character or even uses James Bond himself but in that kind of transformative parody or criticism kind of way that is one strong argument that it is fair use um the nature of the work whether the work that you're using was factual or creative if it's creative it's harder to prove that that was fair use so that's a hit for the James Bond example if it's creative work like he got Spider-Man and then you put him in a work of other superhero like you have a superhero work it's original to you but then you got Spider-Man because Spider-Man is a creative work not factual might be a bit harder to argue fair use um but then you're wondering I just played Fortnite yesterday and if you played Fortnite you know that there are so many bloody skins like that game is chock full of stormtroopers and Spider-Man and anime characters and transformers characters is epic games in copyright violation why can they have those so many skins it's because they paid the copyright owners they didn't think of trying to use fair use because that probably would not fly because uh it doesn't meet this criteria and yunya it's a commercial application of the work um that goes into the effect of the market um generally if it's just purely for commercial instances it's not transformative um that's why all of those things have approval the copyright owners have signed off on that just even like in the tech space if you followed hardware sugar you know that ASUS has a lot of collaborations initially it was with uh Gundam and uh before and then after that it was with Evangelion they had to get the permission of the copyright owners for all of that for all of their collaboration with uh with with Eva and with Gundam kasi and and apparently um the copyright owners were very strict like it really had to pass through everything the Gundam uh copyright owner in particular bandai i think is Gundam they're super anal kahit yung mga cutouts like ano ba yung allowed ano yung hindi like everything there they really take a look ko ano allowed ano yung hindi um so the nature of the work whether it was factual or copyright negative amount or portion of work use this is more in particular this is like if i'm writing a movie review and i quote just one line for the movie sobrang small portion of the work and you know it's a criticism so it's transformative rather than just like a literal application or copying of the text of the content of the movie then that would be allowed um usually the the test there is the heart did you get to the heart of the work and things like that um and also the effect on the market like would if i allowed as a judge you think like if i allowed this as fair use would it impact the earnings of the copyright holder would it embolden other people and because other people would do similar works that would be arguable as fair use would it impact the copyright owner negatively would is there a monetary impact on the copyright owner um and so copyright is super interesting for example like you have a book a bestselling book let's say gone with the wind and this is an actual case and another author wrote a sequel to gone with the wind with the same characters pero sabi niya transformative kasi iban e iban yung setting ng gone with iban yung setting ng mga characters so yes i took the initial characters and how they act what happened to them as an initial jumping off point but everything after that akin na yun because ibang iban na yung work and so i try to argue transformative and effect on the market kasi wala namang this is a whole new market i am not cannibalizing from the market of the original work gone with the wind but i'm actually creating a new market and even to the benefit of the original work because more people might be interested in gone with the wind after they read my sequel which is new work might create more buzz for the original copyrighted work but that was thrown out that was that argument was not appreciated and the writing of characters are you take characters which are not yours and you put them in a completely different setting as a sequel that did not fly that was not considered as fair use so a lot of copyright and then my next point is fair use is not as useful as you might think kasi ito lang yung defense talaga sa copyright if you get caught stealing or using other people's work in your own the only defense is fair use but it's very difficult to argue fair use their instances are very limited plus yung yung mag-aaway pa kayo there's going to be some kind of hearing it's going to drag on for a long time copyright law is very arcane so even and you don't know how the judge will appreciate or whoever is the arbiter, the adjudicator you never know how the judge will appreciate it if you think na ito sa tarto obviously transformative but especially here sa atin where we don't have a very robust history of appreciating satire i mean kasi in the states grave yung satire doon there was a very old but it was like in the 80s or something like some magazine came out with kind of like an obscene magazine i think they came out with pictures or drawings of all of the supreme court justices and they're like naked or whatever but sa better it's really like very disrespectful to the court try to do that here man you would be i don't think the supreme court justices would appreciate that kind of satire directed at them but in the states that's complete that's free speech anything goes but just kind of trying to appreciate the jurisdiction we're under where satire is not a very well established kind of work and i yes okay i'll leave it at that again it's a super fascinating topic you can go off in all sorts of directions but fair use even if you yourself think that what you did qualifies under fair use it's very difficult to argue and it's a long fight so even if there is an exception to copyright it may not be as useful as you think it is when people here say oh may exception to copyright and that's fair use and yes that is true that is under the law but it's on a practical level it's not really very useful which brings us to section 5 okay i'm already late i said like this would be a 30 minute talk but we're getting there so the practical consequences of copyright is that the practical consequences of having copyright is that even if you're the copyright owner and you want to enforce your copyright that is a long process you really want to get into it you need resources to enforce your copyright so big corporations like disney who own lucasfilm or own marvel i mean they can go nuts but even those guys don't go after everybody who infringes on their copyright for example you make keychains with disney characters at etsy you sell them on ebay you know that is super small fry for disney and if you're not super blatant about it and you don't i mean it's not like a super big operation then you probably will get away with it that's kinda like what i want to do with this part 5 is that what are the practical consequences of copyright in practice copyright gets infringed all the time and it's really very rarely enforced so on a practical level for the content creator if you're a tiktoker you might already have permission from your platform usually instagram, facebook, tiktok if you can add the songs natively through the app then most likely the app has some kind of permission from the copyright owner to use that work but in downside mo as a creator you don't have full rights to your video and if your video become super popular may be the copyright owner the one who sang the song who made the song or most likely the owner the recordable who owns that song will come after you for a share of the profits yun lang yun but on its face you can probably use your music and again you don't want to get as a creator you just want to create you don't want to get involved in all these legal nitty gritty especially on youtube you know that the copyright enforcement mechanism is very mature so if you want to monetize your video you don't want to use sound effects and music that you don't have permission to so you use a service like epidemic sound or or things like that where you pay to have permission to use all of the sound effects and all of the audio there and you can use it however you want to make content so that's why you would want a subscription service like that because you do pay to have the right you are respecting the copyright of those music hold of the owners of that music you're respecting their copyright and even if you're using it in your work you are licensed you have paid to use that work in a monetized work another practical consequence I mentioned already that copyright is very difficult to enforce another practical consequence of that is reaction videos a very popular video will have a ton of reaction videos if you're the copyright owner you probably will not spend your time and effort running after all everybody in fact and it benefits you and that's a beautiful thing about works and creation and creative works is that you can snowball it's like oh I did one song and then somebody used it in his video and then big lang kumala or yung ah there's one video sumikat siya because so many people did a reaction video on it so even if you use clips from a video in your own work that is probably copyright infringement on a legal basis I think a fair use argument would fail although you could say it's criticism but again it depends on a per work basis if you use the work too many times and again it goes back to the amount of work used what it's used for whether it's transformative it's kind of 50-50 it could go either way whether it's fair use but on a practical level nobody cares you want to make a reaction video from the advertrigger videos take my works cut it up it's such a pain in the ass to enforce your copyright as a single owner of copyright I'm not a big corporation that has the resources it will probably be fine and again we're coming to the intersection of the legal and the practical you do reaction videos, you do music 99% of the time it will probably be fine even though technically you are infringing the law you are infringing on the copyright owner but a lot of people don't seek to enforce their copyright because it is a long and drawn out and painful and very expensive process but here's a nice real world example involving reaction videos the most infamous tech video that the most infamous tech video that cost a ton of reaction videos was of course the verge video the verge video where you have this one host and he's trying basically explaining how to build a computer but he makes so many many mistakes that when this came out pre-pandemic three or so years ago everybody and their mother jumped on the verge video it became like this entire thing the verge, the verge, the verge I will just note the time stamp where I did that where I mentioned the verge and so it's a straight up reaction video sometimes you can just watch the entire video and your initial reaction so you're filming you watching the video or you can do snippets they're going to snippets like watch a snippet oh my Jesus God like all you put the PSU and the motherboard whatever it was a whole shit show if you're familiar with how to build a computer and I said that reaction video probably infringed copyright but nobody usually cares in this case the backlash against the video was so bad that the copyright owner, the verge tried to get the reaction videos taken down because on the claim that it was infringing his copyright and YouTube actually did enforce that policy so initially I believe some videos had to be taken down were removed because the verge was saying that I own the copyright nobody is contesting I own the copyright to that video all of these reaction videos they are infringing my copyright but again but here we come to the practical consequences okay take down the video I can still talk about the video even though I don't show one second of it and so in the live streams in the commentary on the one show or wherever I can still talk about it, I can describe it but that is my own copyright so if as the verge found out if you think that exercising your copyright to try to get negative reactions to your work taken down that's not going to work this is the internet post 2000s and because now if the verge said that hardware sugar needs to take down this live stream because I've just mentioned in passing the verge video they don't have any copyright over that I did not use any of their copyright me mentioning their video me describing their video those are facts and facts are not copyrightable which I mentioned I should have mentioned actually at the start I apologize my outline is not so good but I did mention that in the podcast where facts are not copyrightable so to go back to just one last about copyright and kind of reaction videos yung sobrang interesting is if I am playing a game so I'm playing a game, it's my live stream and I would argue that that's my copyright because I'm the one playing the game yes I'm streaming the game but my reactions how I play the game, that's all me but a very famous video game company Nintendo is famous for taking down for asking streamers or people who create content using their own content like your Mario RPG or like you may Mario art or something to take it down on the argument that I made the video game I own the copyrights to that and itong play with me type of type of videos infringe my copyright that's super interesting I'm not familiar with any case that definitively says wala pa nang challenge kay Nintendo to be fair it's such a bad policy I feel for Nintendo but Nintendo is famously backward when it comes to the internet yung yung I can't they don't they they don't embrace internet play like internet connectivity multiplayer via the internet it's usually very junky over through Nintendo titles and yung ay mga play with me kind of videos they're very against that they've sent a lot of take that stuff down notices to other creators it's interesting, I mean I acknowledge the game is not mine I did not make the game but my actions in the game are my own my actions in the game are my own so really a kind of interesting perspective who owns what when it comes to that particular copyrighted work but on a practical level you might think I'm free to just react to whatever but that's not the case especially if the owner is a big corporation with a lot of money and effort and time they can really make your life miserable but to go to just a little bit on the last part of part 5 like facts and facts are not copyrightable but you should cite and this is not legal anymore but it's just it's taken from the academic world where as students we are taught that if you're making an argument or you're using facts that you did not come up with research, you can do that in fact that's good in an academic work you are encouraged to cite bloody everything like every sentence tapat may footnote dyan kung sanyang galing which I also kind of find perverse how can you come up with anything original if you're just footnoting every sentence but anyway we're told, we're trained as students to cite where the data is coming from and that should also be the case with content creators that are copyrightable but you don't want to lie to your audience you want to tell them oh hindi galing sa akin yung data na toh galing sa iba and I mentioned in the podcast that is what tech journalist number 2 should have done no problem you don't even need to ask permission because there is no copyright involved if there's copyright you need to ask permission that's the entire consequence of having copyright because somebody else he didn't need to ask permission to use that data but he should have cited yung dapat yung common practice and yung problema kaya tech journalist 2 he got not only the facts but also the presentation of the facts that is copyrightable the graphs, the way he presented it the colors the way it was produced whether it was in a paper publication or in a video or something that stuff is copyrightable and that one I believe he just copy and pasted the graph from the Malaysian tech source and then he used it in his own video yung that is copyrightable that one he needed permission but if it was just the facts like this GPU was able to produce X amount of frames in this game at these settings just mentioning the facts or if you put the facts in a different format in your own format that is the rule from the academe that I think is very applicable so it's not a legal but it is a convention in the academe which I think is very much applicable to content creators especially for tech content creators where a lot of stuff we talk about is data driven how fast is it how big is it how much can I overclock it parang ganyan ano yung results niya sa cinebench or time spy or whatever and even hardware sugar I mentioned this in the podcast we use data from other creators all the time in one recent video about the 4060 I noted that a lot of YouTube content creators are very negative about the 4060 and I even used clips from those videos as compared to the data from tech journalists that are publications they publish online rather than publishing videos so they're text publications but I cited I said this is not my data this is Linus's data gamers nexus data PC gamer data actually that's really good because when you have different data points then you can come up with a better discussion legally if it's just the data you don't need permission but you should cite you should tell people where that data came from and that's better for everybody that's better for my content because it is a very fertile jumping off point sorry to mix metaphors it is a very fertile ground for me to start planting my own ideas and my own thoughts bakit kaya nagiba bakit iba yung trato na mga video YouTubers video tech YouTubers compared to yung mga text publication na tech journalists so yun facts are not copyrightable you don't need permission but you should definitely cite and the presentation of facts whether that's just a graph whether that's a video that is copyrightable and you do need the permission although yung na I did not get permission from those guys I attributed very clear na hindi galing sa atin I probably in a very technical world where everything can be can be adjudicated instantaneously maybe my use of their clips might be found to infringon them it's not fair use I would argue it's fair use but maybe but again yung na these guys are super big they don't care that some rinky-dinky channel in the Philippines 2 seconds from one of their videos and use it as a clip although I would argue na my use is fair use so and lastly lastly 6 number 6 don't go nuts with copyright this is just like well it's really more for big corporations and stuff I really find it very it leaves a bad taste in my mouth when it's fans that give value fans of spider-man fans of captain america nintendo fans nintendo would not be where they are if we the fans didn't pay to play the latest mario game to play the latest zelda game to play the latest oh goodness here comes my daughter see change I know baby girl hang on guys commercial break give me 2 minutes alright if you na you can see na you can see your video to on screen uh huh okay so frequent viewers of the channel know that this is usually so I will wrap it up but basically what I mean by don't go nuts with copyright is that I was building up such a nice head of steam already to complain about nintendo and stuff then my daughter came in called actually it can be a bit louder um it's the fans that provide value you wouldn't be trying to protect your copyright if it weren't valuable pero tayo nagbigay no ni tayo nagbigay nung kia siya that's why they're in demand because we are the demand so nakakainis nakakainis when big corporations abuse their copyright nintendo where would mario be zelda be samus be without the fans when fans want to record themselves reacting to the latest mario game biglang bawal na yun I think the law is a little skewed in favor of very big copyright owners the judges are not predisposed to to weigh into consideration that the audience is ultimately the one that gives the work value and I wish that and lawyers themselves are also not well predisposed but maybe in the future because a lot of people now are becoming content creators in their own right and maybe they can appreciate more that the ones that give value are the fans or the ones that consume the work whether it's a video game, a movie, a novel jerse don't follow strangers so if you're a copyright owner whether you're big or small I wish that you lean on the side of letting people use it with very minimal restrictions yes or you're wrong different one okay how about this one this is the hooray kids song let me know this one is cool I swear I'm going to get a father of the year every time I'm on a live stream you guys can just see me watching letting my daughter watch YouTube I've been in academic meetings like with my department yes we're big girls and it's also being recorded on the live stream so if you're a copyright owner whether big or small I wish that you would keep the fans in mind the ones that generate the value is not your work per se but the reaction of the fans to them and even for hardware sugar I try to put that into practice because if you notice all of our videos on YouTube they're under the creative commons license which is super liberal you just need to attribute you don't need my permission you just need to say that if you use my video in whole or in part just say it's from hardware sugar even if it's for monetary purposes I am a big believer in letting people in kaya maganda yung creative works because you can mishmash them together you can put different kinds of things together so as a YouTube creator I have an option dito sa screen whether the standard YouTube license or that's basically standard copyright or creative commons which is much more liberal and all of our videos from the very start have been creative commons because I've been under the terms creative commons is basically just like a de facto kind of license that you can choose because I believe in very liberal interpretation of copyright in fact people have come to me and they've asked me so can we copy your entire video I'm like fine for educational purposes why not and we didn't get paid for that guys so my ultimate yung huling payo ko if you're a copyright owner and you know you think big time ka you have 500,000 subs on YouTube and oh, bakit why did this one channel you know ginamit nila yung copyright ko reaction video or whatever you could technically yes have the copyright but ultimately abuse of copyright is not good for anybody not good for the copyright owner also not good for the fans the people who consume the content and you can really see that like the verge you know abusing copyright law to kind of try to get negative reactions to their video taken down but ultimately the internet will win so I think a productive approach to copyright would be if there's very little and this is just my two cents as a creator they saw approach it if it's not for commercial use and even if it is for commercial use but very limited commercial use the policy that will allow the most people to watch my work I am all for it and even if limited commercial use I am completely okay with that except naman kung like it's my face right like don't put my face beside like something I mean iba naman yun because it goes into my honesty and credibility like I'm I mean because I do have a copyright over this and like over my reputation not really my reputation but you know in the sense that give the sense that I am endorsing something but I am not my objection to that would be less monetary like I don't care about the money but it's more like it goes to my relationship with my viewers na the honesty that I am trying to inculcate na how can you say I endorse that I don't even know what that is but in general for the works that I create podcast video whatever feel free feel free ito na I am recording it I've talked about how evidence is important here we are on a live stream I am saying that go nuts the creative commons license is very liberal alright with that less shy of just under an hour I will just go through chat very briefly and I hope na nakatulong to whether it was you were listening through the live stream or later on in the podcast because I will cut this up audio wise and publish it on textual but friendly alright let's do the chat sub Tyler sub luigi willwaco nito I'm not sure if you're still around but shout out yes I am bagsik I am attorney I am lawyer I am attorney Anton my rule number is 58417 so I took the bar past the bar and I practiced with a big law firm in Makati for a year or so you're a content creator dad of the year guys oh it's another hooray song I don't know if this was more fun or less fun than my usual live streams but I thought maybe it would be useful sub kaisibolos it is very legit CD key is our source for all of our activations for all of our customers we've literally bought hundreds of keys from them legit tren yung lumalabas legit yung activation so yes you can use it in any setting private, small business, government our problem yes thank you kaisibolos both me and my brother are lawyers like licensed in the Philippines sub agardo sub mdk underscore game I do feel when I do this kind of lecture stuff na I do feel like it's a classroom again sub larry bone kk supreme mayyata ako yung atari nilibayan yung talaga yung content niya ako more tech rather than and my approach to my approach to the law is like how I approach tech na medyo conversational I don't like I get very off-put ko yung mga abogado parang sobrang kia yung mga know it all na just like yung tech content creators na sobrang kia that's why with the tech I tried to present it in a way na madaling maintindihan not dumb it down but madaling maintindihan to a general audience I think that's the most useful it is at hwsugar.ph slash gpu I think shout out JD from Facebook no specter pro and envision we do not have suppliers so you're gonna have to find that on lazada or something I don't know Harold to be honest we don't have any on stock now but we can get key crone or something just PM us like what brand you're looking for you are right baby girl why didn't you repeat let us find one oh here this is new you like this one okay cookies I'm hungry baby you want this one or you want to skip okay tell me if you want to skip just let us know if you have a particular brand you can probably get it as a custom order I use PayPal but I have used my card well I don't have hidden charges I have used my card yes before I usually use PayPal for CDK but I have used my card I didn't I don't remember any hidden charges I mean you know if there is a hidden charge like for transaction cost that might be your card rather than from the merchant on the merchant side wala ng issues hardware voyage mostly who does content for cell phones mobiles yes I do know you because hardware sugar and hardware voyage sound very familiar I think I stumbled across your page one time while trying to look for hardware sugar I've had some issues people copying and pasting my post this for sure that would be your copyright even a post on social media if you wrote that but again on a practical level super hard to enforce but yes that is a very clear instance where the work would be copyrightable and well you can even argue na yun na pinosed mo you can go back in time okay baby girls how about this one there's the alarm except you don't wake up at 7 you wake up very late and that's really the limitation of the law lawyers can say that that's the law and you should follow it but there is a practical side also na enforcement ba especially for posts like that I know my daughter often comes up lately I need to find a home office like Kivalay she's not so much into the teacher Rachel actually I really like Peppa Pig because of my daughter I personally enjoy watching episodes of Peppa Pig because of my daughter because I watched them because of my daughter like this right, TK Supreme copyright stream to be fair that has also happened to me copyright is not much a strike but you can't monetize it any money you get will go to the video game holder kasi dun sa video game to be fair I wasn't streaming a Mario on Nintendo game I think Microsoft Ata like Halo if I remember correctly or Last for Us I can't quite remember but yeah, that has happened to me yes it is up to date yes we do barely stock AMD cards but we will be stocking the 6600XT again this week and we can get them as custom orders just PM us what you're looking for we'll let you know anong prices and lastly from Tyler okay ba yung HPEs I'm sorry Tyler I have never used it so I couldn't say I don't know I also don't have any experience I don't have anyone who has given me feedback on that so sorry I can't say alright so that was it for chat thanks so much for joining me I hope it was useful if you're listening to this on the VOD or on the live stream we do have a bunch of content coming out this week an ASUS product showcase build and also the deeper connect air like a VPN hardware VPN so that is super interesting thanks man sorry I meant I called you man but I just meant that in the neutral gender sense I mean I call everybody man whether guy or girl but thank you so much and thank you for availing of our transplant services remember the Phanteks G500 I think that's a nice case so thank you for joining me on this live stream I hope it was useful stay safe say jay you want to say bye bye to the camera you want to say bye bye okay you watch and on that note have a good weekend guys