Dernière mise à jour : 3 déc. 2020
Grab you teacups and dry biscuits, we’re going to war LADSSSS!!!! The KING of youtube Global cycling network did not like my last video about them, and they threaten me to remove some part of my video
What’s up guys, my name is charles and welcome back to my cycling youtube channel, if you are new here don’t forget to hit the subscribe button for more cycling content. Following the success of my recent video ‘’How much money does GCN actually makes’’, I was looking at comments yesterday and I stumbled across across this one from Marc B*******
Hi Charles, I enjoyed watching you video. I am the head of Commercial at GCN and responsible for all our revenue. Although I don't see the point of the video as the numbers are wrong, as is your methodology it made interesting watching. I'd ask if you could remove our logo and the images of our presenters as you have ripped thees illegally.
Ouhhhhhhh so in this three phrases comment, I have A LOT to say and breakdown to my new buddy Marc. In Today’s video we will go over all these points
I’m going to Educate Marc on what is Fair use and trademark infringement
Afterwards, I’ll go edit the video as you requested to remove the GCN logo, but you know what, not all of them, only one. You’ll understand why later.
And then, we’ll go over the thumbnail that you accused me of ripping the images illegally, and spoiler alert, I’m not taking it down, you want to see it again, here it is
And we’ll finish this by showing the official financial statement of Play Spot Media group, just because you just gave me a golden opportunity to give more accurate numbers. Since GCN is own by a public company, so we have access to this information.
Soooooo Marc, welcome to copyright and trademark Infringement 101! I’m going to read you two different law articles, maybe you should take out your notepad to grab some notes ;)
Informational Uses of a Trademark Are Permissible
Informational (or “editorial”) uses of a trademark do not require permission from its owner. These are uses that inform, educate, or express opinions protected under the First Amendment —freedom of speech and of the press.
For example, permission is not required to use the Chevrolet logo, so in this case, the GCN logo in an article describing GCN , even if the article is critical of the company. So lets read that line a second time, even if the article is critical of the company. You could (obviously) use the word mark "Chevrolet" as well as the famous golden "plus sign" logo mark. So, according to this, I can use the work Global Cycling Network and the famous globe sign logo mark
Finally, you are also permitted to use trademarks for purposes of parody or commentary. For example, if you were writing a skit about how young people are always on their phones, you could glue the Samsung logo onto the actors' prop phones without fearing a claim of trademark infringement.
Not enough, here is an other one Marc
Other than using a trademark or logo for editorial purposes or as part of comparative product statements, you don't need to ask permission if the logo's use will educate, inform, or express opinion protected under the Constitution's First Amendment.
In general, you won't run into trademark parody problems if the parody:
Doesn't confuse consumers; they get the joke and know that it doesn't come from the original trademark owner
Does parody the trademark or logo, which means it pokes fun specifically at the trademark
So Marc, as you see here, I can use your logo right here, and right here and right here. Because I’m currently doing a comedy skit talking about the company you are working for. So asking me to remove those logos is an attack on freedom of speech and of the press. And the last thing you want to do on the Internet as a multi-million dollar company, is to attack independent creators like me for freedom of speech.
But I’ll give you a point Marc, maybe playing the GCN intro was a little bit too much from my side, I’m sorry. It could potentially look confusing like it was an official GCN video. I mean if someone confuse me for GCN, they must be fucking stupid because
first, I’m not a brit, I dont have a UK accent
second, I I script, I shoot and I edit my own video, I don’t have a full team doing this for me
third, i’m not plugging a mobile app in every single of my videos
fourth, I’m not shoving sponsored products into everyone’s throat in every single of my video
Man I don’t know that video could have had people confuse me for GCN, but if they do, I’ll take that as a compliment, because you guys must spend thousands of dollar on production quality, and I spend 0$ since I do everything myself. But to be fair here, let’s go blur that first introduction logo later into this video
Blur video & add description
Allright now let’s talk about the thumbnail that you accused me of ripping off the images. I want to ask you something Marc, do you even watch youtube? Like other than GCN? Do you know that faces in the thumbnail are like the core, the essence, the blood of youtube? Let’s quickly take a look at other youtubers, who use faces of people they talk about in the video all the time.
We have Philip De Franco here, 6,3M subs, he uses faces of subjects he talks into his video ALL the time
We have PewDiePie here, 108M subs, again, use faces all the time
Now let’s just do a quick search for ‘’how much money X actually make. Do you see here, people always use photos of the person or company they talk about into their video
And I could keep going like that for a long time, but I think you get the point, you seem like a smart guy Marc
Plus it’s not like I just ripped it off the photos, there is quite a lot of transformative work in this thumbnail, which falls under fair use. I got one more definition for you Marc
What Is Fair Use?
In its most general sense, a fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.
But what about the presenters themself, did they enjoy my thumbnail? Well one of the main GCN presenters actually replied to me on Instagram. I’ll keep him anonymous but it’s read our conversation
So Marc, I think I’m done here stating everything I believe in. I’ve been watching youtube everyday for the last 10 years, I’ve seen countless controversies where big companies try to shut down an independent creator, and it always gets back into the face of the companies. I mean, without your comment I wouldn’t be here today, making this video. But you just gave me a sweet opportunity to grow my youtube channel by having this video into into the the ‘’recommended feed’’ of your GCN viewers, that’s the YouTube Game Marc, I’m sure you understand it.
So you said my estimate was wrong in the other video, was it too high? too low? You could have give me a hint here. But I’ve digged down a little bit and found out the official financial statement of your company publicly available on the internet. I’ll leave a link in the description so everyone can have access to it, but here are a few lines
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
Play Sports Group Limited
On January 8, 2019, the Company paid $41 million in cash to acquire a controlling interest in Play Sports Group Limited
The Company recorded net assets of $79 million, including cash of $19 million, other net working capital liabilities of $6 million, intangible assets of $29 million, and goodwill of $37 million. Additionally, the Company recorded a redeemable noncontrolling interest of $25 million.
You See Marc, you just gave me the opportunity to tell everyone some more accurate numbers in this follow-up video Thank you!
By the way guys, if you are new here to my youtube channel, check out my other videos, I’m an independent content creator making cool cycling videos with the best of my ressources. After this one, don’t hesitate to go watch Beginner on a 10 000$ bike VS Expert on a 5.25$ bike, or I set up my hoods like remco evenepoel and the aero gains are amazing, or even the original How much money does GCN actually makes or just the rest of my channel
Allright Marc, I wish you a great day, thank you for enjoying my content. I hope you’ll take this comedy skit lightly and somewhat agree with everything I mentioned in this video. If you need a guest present at GCN, don’t hesitate to hit me up, in the meantime, I’m shutting down this camera, i’ll go grab a snack and watch the recent GCN show video
Allright guys if you enjoy this video….