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Jon Stahl's avatar

These are really good questions, Kodi!

Based on my limited understanding of IP/Copyright, you continue to own the copyright / IP rights of any content you post on a (legitimate) social media/UGC platform, but by uploading, you are implicitly giving a LICENSE to the platform to use the content. And I BELIEVE if you pull the content from the platform, they can't continue to use it. But there may be some fuckery happening there, depending on the platform...

I don't think these platforms would be quite so popular if they owned the IP the moment you clicked upload.

In terms of premiere rights, you're absolutely right that that's a concern. You're obviously within your rights to premiere your projects elsewhere besides UGC, but in terms of distribution, it becomes a lot harder. That said, if something is free on YouTube, there's no reason for the audience to buy it elsewhere. Although I think there are paywall options on some of these platforms? Haven't done a ton of research there. Hope this isn't too rambly of an answer!

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Kodi M. T. Gates's avatar

Not at all, Jon, I appreciate it. I also think it’s worth noting that your article does emphasize the importance of building an audience first and foremost - and that can lead to projects where additional opportunities can come your way. And many creatives with long artistic careers speak about how their earlier pieces are not nearly as precious except that they led to growth and an expansion of their own practice. It can sometimes feel confusing to determine how much is being given away when the users ARE the product on “free” social media sites, though, so it’s worth asking to me.

I would love to hear any further research you do on this topic in case any one else also has these type of questions as a new filmmaker! Thank you so much for your response.

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Kodi M. T. Gates's avatar

One of the aspects of the misconception I would add to “lack of creative control” is the nebulous nature of IP/creative copyright on UGC and social platforms. I dislike the idea that because I want to build an audience, I have to surrender the creative copyright or IP rights on a platform like Youtube. Plus, there’s also the idea of surrendering distribution “premiere rights”, though that’s less pressing to me than the IP matter.

What are your thoughts about that? I’m not assuming all my ideas are fantastic and definitely could be made into other media later, but it bothers me to know that ultimately, other platforms would own the right to it rather than me.

I have heard Nebula is a better platform for that copyright aspect, though!

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