Jon Alper's probably insufficiently humble opinion

YouTube, for those who haven’t noticed is a Google owned and operated service wherein users can upload and share video and Google can sell advertising against it.

Now, beyond the obvious problems wherein Google can’t (and shouldn’t actually be forced to) police the uploaded content to ensure the rights exist for the user to upload it , the core issue is Google makes money off the ads and the content creators don’t.

(Yes there are limited ways a content creator can make some ad revenue by embedding the YouTube hosted video in their own page and other methods but YouTube’s purpose is to get ad impressions for Google, not the content creator. Arguing about the option to embed etc. is arguing a distinction without a difference.  People who want their video to be seen as a YouTube Phenom will give up the all or most of the financial benefit of ad impressions. Period.)

For essentially all cases Google is the collector and reporter of the usage data. Google chooses the ‘relevant’ advertisers. Google makes the money.

So, now, in an act of empty magnanimity, Google is enabling users to flag the content users upload as licensed under ‘Creative Commons’ but only under this specific license: Attribution 3.0 Unported (CC BY 3.0). which I’ll summarize as: Share it, change it, adapt it, remix it, do as you please commercial or not as long as you give the source(s) credit.

If you’re a creator and you see content an uploader has flagged CC on YouTube, don’t be silly and assume you’re indemnified from liability if you intercut that content with other things and try to sell it. I’m not a lawyer and I don’t play one on TV (though I have been a technical consultant to a few on these kinds of issues) but indemnified means you can’t be sued because the other guy, the uploader will take the heat. They won’t.

If you mash up Happy Birthday and Steamboat Willy with some Casey Kasem Dialog intercut with U2 concert footage and dollop of George Harrison’s My Sweet Lord I think you should expect to be in some deep yogurt lawsuit-wise.

Beyond that, though, is the simple fact that not only is Google going to sell ads against your original or remixed work but the second you click that button you are giving Google and anyone else the right to sell it, rent it, bend, fold, spindle or mutilate your work for money and money you’ll never get any of.

Now, I am a huge fan of freely sharing my creative work but I think any reasonable person would say I have the right to set conditions for how what I choose to share is used. Conditions like “use this however you like except to resell it (or usage of it) to make money if I don’t get a piece of the action”.

Several Creative Commons licenses actually help ensure this (and other things) but Google chose the one that requires the creator/remixer to give up the most rights.

There’s a reason most creators choose other more restrictive CC licenses. They either want to get paid if anyone else does or they want to insist that their contributions to the world are matched and equally shared by others.  And you can even expect this mutual sharing and still let everyone still be free to make money:  http://www.gnu.org/copyleft/copyleft.html There’s a company listed on the NASDAQ doing a VERY nice job of just that:   and even cooler is the NYSE actually runs the exchange on this ‘free’ product.

So, as I have said countless times before….

Want to watch great cat videos? Enjoy YouTube!

Want to watch pirated content with a thin veneer of protection because it’s not Limewire? Look for it on YouTube before it’s taken down. Enjoy YouTube!

If you make actual content. Material with intrinsic value? Put up a trailer on YouTube if you must but host the actual content yourself and sell your own ads against it.

Needless to say, I disagree with Janko Roettger’s impressions of Google’s CC support as written in gigaom.

Google’s implemention of Creative Commons licensing is entirely self serving. You decide if that’s OK with you. Meanwhile, remember, if you do have the rights to what you upload, you can still put a title card in the video and a copyright notice with any license terms you like. Heck, you could even have a license that says “Use of this video is conditional on your agreement to switch to Bing as your default search engine.” it’d probably be legal if unenforceable and it sure would be funny. The CC feature Google’s implemented is only meaningful to users if they use the YouTube Video Editor and that, well let’s say  iMovie’s better and leave it at that for now…