Supposedly some international bands comes to my country and there are thousands of people recording their performances in the show. They always upload the those on youtube now if i use the youtube video link and show it on my site, will i be liable?
If the video is taped privately, and the original copyright holder uploads it on youtube, your safe. Aslong as you have permission from the ORIGINAL COPYRIGHT HOLDER you will be fine, other wise stay away. If you are using adsense on your site, and do not have permission from the copyright holder to put a video on your site (yes youtube provides codes for you to do this... but that does not mean the copyright holder his/her self uploaded it) adsense can and will disable your account if anyone ever notifies them of it being on your site.
Hey FanAddict, Thanks for the reply...really insightful One more question...supposedly i give users the right to upload videos and they upload videos which they do not own the right to..will i be liable? I know the contributory liability comes in but that way how come youtube is not sued by everyone?
Youtube is an another story... You can give rights to upload videos to everybody, if you are the rights owner.
Well, YouTube is seen as a service provider under the DMCA and is protected [to a degree] under the "safe harbor" provisions. In order to protect your site your site and also have similar "safe harbor" protection you will need to register an agent that handles copyright issues with the US copyright office. (I'm assuming your site is US based/hosted).
Theozard: Not a problem at all If a user is the copyright holder/has a license to distribute such a video, then your OK But... The DMCA act, only covers your butt if no one really intends to sue you, just scare you. Say if... someone uploaded the latest blockbuster movie, and universal came knocking on your door, the DMCA and saying "a user uploaded it" is not going to get you anywhere, except a front row seat at court
You are all wrong. Let's say there is a video on youtube and you have embedded window that points at youtube where the video is. Now your visitor goes on your webpage and watches the video that is hosted at youtube, but displayed on your website through embedding. Now your server is not hosting the video it is just letting the visitors computer know where to find it and then the visitors computer just connects to youtube and displays the video through "visitors mediaplayer". Now it actually has nothing to do with your website.... you only show where the stuff is, you don't provide it through your server. I know this cause i have won a fight in the court about similar case, it was not youtube, but other site.
Has anyone actually come under fire for embedded video? Seems they always go after youtube before the little guys. I understand this is a question of legality though so I will leave it at that.
i think you have to write a disclamer that you not liable and the member have permission from the autor or copyritgh holder, to protect your self. but do you home work i'm not 100% sure, read youtube TOS. hope that helps
You could be held liable for contributary infringement. I don't know of many cases of it or where it actually ended up in court. There is a Aus case where a mp3 search engine was found guilty.