Is it illegal to encode your site's URL into a video if you do not own the rights?

Discussion in 'Legal Issues' started by Sullmoney, Aug 29, 2006.

  1. #1
    I ask this because I want to download videos off one site and upload them back onto a different site. For example I download a metacafe video, then I encode my URL into the video and upload it back on youtube. If this is illegal could I get in trouble for this legally, or would it be youtube's problem?

    If the video is not copyrighted at all there is no problem with doing this, correct?

    Thank you very much.
     
    Sullmoney, Aug 29, 2006 IP
  2. eddy2099

    eddy2099 Peon

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    #2
    Well, technically you cannot claims any rights to works which is not your own unless the original owner gives you the rights.

    You should get into trouble and it is not Youtube fault as they are not the one who add your URL or add your site to their site.
     
    eddy2099, Aug 29, 2006 IP
    danielbruzual likes this.
  3. Daniel591992

    Daniel591992 Well-Known Member

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    #3
    I would suggest you link to the place you found it as well :)

    Just in case..
     
    Daniel591992, Aug 29, 2006 IP
  4. Sullmoney

    Sullmoney Well-Known Member

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    #4
    Suppose I download a video off youtube and encode my URL into the video then I repost it back onto youtube + other sites. Is this okay?
     
    Sullmoney, Aug 29, 2006 IP
  5. eddy2099

    eddy2099 Peon

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    #5
    Why would you want to do that ? The video is not yours to being with.
     
    eddy2099, Aug 29, 2006 IP
  6. Nonny

    Nonny Notable Member

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    #6
    In the U.S. (and, I believe, Europe) all works, including videos, are copyrighted as soon as they are created.
    http://www.copyright.gov/circs/circ1.html#wccc
    http://www.copyright.gov/title17/92chap1.html#106

    The holder of the copyright has the exclusive right to create derivative works. The copyright holder can grant you the right to make derivative works, but you need to get explicit permission. For example, most people with videos on YouTube have granted the right for you to display the video on your web site. That does not mean you can modify it in any way, though.

    On the other hand, if works are explicitly stated to be in the public domain, that's a different story. Public domain works can be modified. If a video is in the public domain, it will explicitly say so somewhere.

    The best rule of thumb: unless you have, in writing, permission to copy and modify a work, you should not do it (there are some fair use exemptions, but tacking on your URL is not one of them).
     
    Nonny, Aug 29, 2006 IP
  7. Nonny

    Nonny Notable Member

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    #7
    Nope. Why not make your own video or simply display the YouTube videos on your web site?
     
    Nonny, Aug 29, 2006 IP
  8. Sullmoney

    Sullmoney Well-Known Member

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    #8
    Thank you very much. I have found a few sites that state they have public domain videos free to download and distribute, but none that allow me to modify the content.
     
    Sullmoney, Aug 29, 2006 IP
  9. eddy2099

    eddy2099 Peon

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    #9
    I think it is not hard to make your own contents since now most cellphone comes with the ability to take movie clips and so do digital cameras. Just make sure you do not take people without their consent and you do fine.
     
    eddy2099, Aug 29, 2006 IP
  10. hsmith

    hsmith Peon

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    #10
    It isn't "illegal" but you can get sued for it.
     
    hsmith, Aug 29, 2006 IP
  11. Sullmoney

    Sullmoney Well-Known Member

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    #11
    Well its just that I see the URLs of tons of video sites encoded in copyrighted videos on youtube and I wonder if these guys are getting busted for it. You can find clips from tv shows that have video site URLs at the bottom of the video. I want to know how they can do this.
     
    Sullmoney, Aug 29, 2006 IP
  12. killaklown

    killaklown Well-Known Member

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    #12
    ebaumsworld takes videos and slaps on their link, and have been for years.
     
    killaklown, Aug 29, 2006 IP
  13. Icheb

    Icheb Peon

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    #13
    They can do this until they receive a nice letter. That's basically it.
     
    Icheb, Aug 29, 2006 IP
  14. Sullmoney

    Sullmoney Well-Known Member

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    #14
    Yeah Ebaums is a perfect example as well as thatvideosite. I see thatvideosite links at the bottom of tv show clips such as Family Guy.

    Can you actually get sued for doing this or just banned by youtube?
     
    Sullmoney, Aug 29, 2006 IP
  15. Icheb

    Icheb Peon

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    #15
    Can I take your car without asking you? Can I get sued for that or will you just ban me from your house?
    Same answer.
     
    Icheb, Aug 29, 2006 IP
  16. john269

    john269 Notable Member

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    #16
    OK!

    What about making your own videos and embedding your links into them. Is this illegal if there are things in your vidoe, like a mars bar or some candy or a HP computer or something, or is it only illegal if you actually make your own videos with copyrighted song material in your videos.
     
    john269, Jan 10, 2007 IP
  17. Crusader

    Crusader Peon

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    #17
    You can create your own videos as long as they don't make use of othe copyrighted materials (songs, movie clips, artworks etc.) or contain visible trademarks.
     
    Crusader, Jan 11, 2007 IP
  18. john269

    john269 Notable Member

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    #18
    OK!

    I think I am going a little over the top now, but what about if you have a mars bar or a computer in the back ground of your video or you use a mars bar as the main feature of your video. Is that copyright infringement because it is someone elses artwork. For example, the wrapper of the mars bar, the shape of it, the shape and design of the computer, etc.

    Or would using them things be fine?
     
    john269, Jan 11, 2007 IP
  19. Crusader

    Crusader Peon

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    #19
    Those would most likely be trademark infringements however I don't have much knowledge where videos and legal issues are concerned.
     
    Crusader, Jan 11, 2007 IP
  20. Icheb

    Icheb Peon

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    #20
    Ask yourself this:
    Do movie producers ask car manufactures, producers of clothes, creators of buildings and what not for permission before the create the movie? Certainly not, otherwise you couldn't shoot a single movie.
    No one is going to prevent me from wearing adidas shoes as an actor in a movie and no one has to ask adidas for permission that I can wear them.
     
    Icheb, Jan 11, 2007 IP