Tube Ace

I was eating dinner outside at a restaurant here in Playa Del Carmen, Mexico and a street performer on a unicycle started juggling fire while balancing on a unicycle. It was quite impressive.

I uploaded the video to FB and IG and this guy DM'd me a few hours later.









Should I upload the full, uncompressed video on wetransfer as he asked or should I upload the video myself to YouTube and try to monetize?

lockept93

It's pretty common that these people reach out the people for using the content. If you upload a video somewhere - others would use it anyway also without your aggreement and as a "normal" person it's pretty complicated to go after it when someone use it.

For me it sounds good to let them work with the video. You could give them the video with a watermark of your FB name or something if you feel better with it.

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Tube Ace

That's pretty much what I was thinking. I don't expect to make much from the video. I guess I'm okay with millions of people seeing my face reacting to the performance.

zijlstravideo

They have the audience, so let them do all the promotional work... Easy cash. 60% seems like a fair deal as well. I would take it.

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Zuzana Designs

Pretty cool and congrats

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celandina

Waiting for the post you explaining how you got burned

It will start like this:" In order to make you millions, we need to master the video and file it in all formats on many of our platforms. You can do it, or we can do it for you for only 29.95...

plsureking

he wants your raw video before sending an agreement? one of the many producers on here can explain the problem with that one.

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NatalieMojoHost

Yep, watermark it across the whole screen with "TEST FOR MAHEER" and he can check his quality no problem, I'd also just charge a one-time in this case - who knows whether they'll need be chased down for payment or not?

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Tube Ace

Yeah, I'm amazed he found this video as I only have 90 followers on IG, but I used a bunch of hashtags. The video only had 25 views and 4 likes when he contacted me.

Thanks! Yeah, I think it's cool that potentially millions of people will see and enjoy a video I shot completely unexpectedly.

Yeah, that seemed a bit odd to me.

Exactly, I'll watermark and upload for him. I would prefer an upfront payment and be done with it.

plsureking

i saw storm chasers posting raw footage of Ida on Youtube with huge watermark and licensing info on the screen. i guess its a good path to licensing content..

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NALEM

TubeAce, if they are legit, and intend to share their revenue, then congrats.

In writing, have them list their channels. Carefully read the licensing/revenue share agreement. If you have any questions, ask them in writing. Using YT as an example, they earn X per view. You providing the content, on a channel they are constantly feeding quality content to, with 60% rev share is a win win for all parties. As a side hustle for them, if they have someone going after user of their exclusive licensed content, and its being used commercially without permission, good for them, and great for you. It's found money.

I would love to see their agreement. Care to share it with me? If yes, it would be greatly appreciated.

E: alex AT nalem DOT com

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zijlstravideo

While you're adding watermarks, you'd might as well add in 1 single frame of a dildo for shits and giggles, as a little subliminal message (like in The Fight Club). https://youtu.be/WjlQYG5bG5o?t=37

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SpicyM

BTW... Did the street performer give anyone the permission to capture him and publish the footage? There are countries where you need consent for this with some exceptions (press, TV etc.).

...especially if you wanna make money using his performance (art work) and personal data (picture of him). Sounds perfectly fine...

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no sig, sorry

zijlstravideo

Good point. On stock footage platforms, you even need a signed contract from the owner of the location the video was shot.

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CaptainHowdy

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SpicyM

And there is a good reason why they require that, they don't want to get in trouble. Locally, you can sue people using a picture of you or your artwork without your consent.

Publishing a performance (which is a work of art) without the consent of the author (the artist) can be a criminal offence - same as copyright infringement.

A photography capturing an identifiable person = personal data.

Just because a guy is performing on the street doesn't mean he is OK with being captured and published on YT, FB or any other network or used for financial gain of others. I am surprised nobody has even thought about it...

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Tube Ace

I hear this everyday while running the streets shirtless, now I get it on internet forums. When will the envy end?

Tube Ace

We're talking about Mexico here, where the poverty rate is 45% of households, unsolved murder rate is 98% and the age of consent is 12.

Tube Ace

You've got mail.

Tube Ace

From their 'About Licensing':

Ownership; License and Granted Rights to User Submissions

Upon uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submis- sions to the Site, you retain ownership of any intellectual property rights you hold in and to the User Sub- missions; however, you grant ViralSnare an exclusive, worldwide, assignable and sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, rearrange, promote, market, prepare de- rivative works based on, perform, display, publish, distribute, transmit, stream, broadcast and otherwise ex- ploit such User Submissions in any form, method, medium, platform or technology now known or later de- veloped, including without limitation on the Site and third party websites, podcast, video game consoles and services, mobile apps, video-on-demand and television (the “Licensed Rights”). ViralSnare shall further be granted the right to assign at their discretion the Licensed Rights in accordance with these Terms of Ser- vice. You represent and warrant that you own or have the necessary licenses, rights, consents, and permis- sions to grant the foregoing Licensed Rights to ViralSnare and you further license to us all patent, trade- mark, trade secret, copyright or other proprietary rights in and to such User Submissions. You acknowl- edge and agree that we shall own all rights, title and interest in and to all derivative works and compila- tions of User Submissions that are created by us, including without limitation all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance rea- sonably requested by us, at our expense, to give us the full benefit of these Terms of Service, including with- out limitation the License Agreement. You acknowledge that you are solely responsible for all User Submis- sions you upload, post or otherwise transmit using this Site. We do not endorse any User Submissions or any information, opinion, recommendation, or advice expressed therein. You represent and warrant that any User Submissions posted, uploaded or submitted by you are original to you and/or that you own and/or control all of the materials, content, and intellectual property contained therein, including without limitation the necessary licenses, releases, rights, consents, and permissions to grant ViralSnare the Licensed Rights and all other rights and licenses set forth in this Terms of Service agreement. Without limit- ing the foregoing, you represent and warrant that you have obtained the written consent, release and/or permission of each person who is identifiable in each of your User Submissions to use the name and like- ness of each such person in your User Submissions in the manner contemplated by these terms. You fur- ther represent and warrant that your User Submissions (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copy- right, trademark, service mark, trade secret, other intellectual property, publicity or privacy right and will not require any costs or payments for their use by ViralSnare or its licensees and assignees; (ii) are not fraud- ulent, misleading, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening or obscene; (iii) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote dis- crimination based on race, sex, religion, nationality, sexual orientation or age; (iv) are not illegal and do not promote illegal or harmful activities or substances; (v) do not contain any computer programming rou- tines or viruses (including without limitation: time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to the Site or disable, damage or erase any por- tion of the Content stored therein; and/or (vi) do not otherwise violate the ViralSnare Acceptability Guide- lines.

Payment to Copyright holder for License

Licensee will pay to Licensor 60% of the profit actually received from the Work (the “Payment(s)”). Licensee shall process the Payment to Licensor within fifteen (15) days after the end of each month; however, if the amount owed Licensor is less than five US dollars ($5 USD) in any given month, Licensee reserves the right to carry the Payment over until the amount exceeds five US dollars ($5 USD). If the amount never exceeds five US dollars ($5 USD) or if the Licensee ceases license acquisition operations, then no Payment will come due. Licensee will have no obligation to make any Payments which are reasonably suspected by Licensee, in its sole discretion, to have resulted from fraudulent, misleading or false activities by Licensor. Licensee shall not be responsible for any payments to Licensor for revenue earned in connection with the Licensed Rights but not received by Licensee for any reason (for example due to non-payment or where Licensee does not receive adequate reporting so as to enable Licensee to assign revenue). Licensor may choose to be paid via PayPal, paper check, or electronic bank transfer (the “Payment Method”). Any electronic bank transfer fees will be deducted from the Licensor’s Payment prior to sending. Licensor agrees to provide Licensee all the necessary and accurate information required to process payment (the “Payment Details’) via their preferred Payment Method. Licensor further understands that Payments may be subject to With- holding Tax which will be paid on behalf of Licensor to the appropriate Tax Authority.

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I retain any intellectual property rights, monthly payments, $5 min payouts via PayPal... seems to be not too bad.

bean-aid

Making 5 bucks really became quite the task.

Tube Ace

I can get a haircut in Mexico for that!

Tube Ace

Alright well, I uploaded the video to ViralSnare. I'm curious to see if they mute the audio because before the guy started his performance, his buddy started blasting a song (Beggin' by Maneskin) from a speaker. If I'm not mistaken, the band or their label could claim copyright and get the monetization of the video from YouTube if it contains the music.

Tube Ace

Not sure if this was his intent, or the music was to get the attention of the audience and subconsciously request for tips.



The song played during performance:

NALEM

Received, and responded to. Thanks.

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Tube Ace

The video went live on their YT channel 7 days ago. Only 360 views so far.

w4mmaps

Best comment ever

w4mmaps

1) The video is nothing special & not going to generate any real money.

2) Viralsnare consists of 1 or 2 desperate fucks in a 3rd world country trying to make a few bucks stealing videos from others and using them on their own channels. They don't license to anyone. They have never paid anyone. You just got played like a fiddle.

3) You didn't lose out on anything, so no worries.

TaiGhost

Yep. Upload full uncompressed video before agreement? I don't think so.
To the OP, do it yourself. If you have a bunch of them make a post at bored panda and participate. Maybe reddit as well.

blackmonsters

Well it's a good thing you recorded him since he probably never did that himself.
He never had your talented cell phone skills.
You probably saved millions of lives with this video.

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Porko

Can we see the viral video?

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adultchatpay

with 360 views in that even viral?

Tube Ace

You guys probably think exercise is a waste of time as well. Your opinions mean nothing to me.

blackmonsters

And you mean nothing to us in our opinions.

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w4mmaps

lol tubeace is feeling butthurt that he fell for the scam

lock

Has to be actually getting traffic and be viral potential is holding a camera. So you already know how to monetize traffic and if it goes viral do media outlets ignore. Can't blame them for trying to get a cut out of your video.

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w4mmaps

yeah...a 100% cut lol

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