Youtube Dilema

Discussion in 'Legal Issues' started by Humorous.tv, Jan 24, 2010.

  1. #1
    I'm using youtube videos, as well as NBC videos on my website humorous.tv, and my mom is convinced that I'm not allowed to use their content to make revenue. (ads) So my question to you guys is, am I allowed to embed the videos on the site, and make money from ads or do I have to somehow get permission or what? Please provide some proof so my mom is convinced.

    Thanks,
    Zach
     
    Humorous.tv, Jan 24, 2010 IP
  2. fathom

    fathom Well-Known Member

    Messages:
    532
    Likes Received:
    25
    Best Answers:
    0
    Trophy Points:
    120
    #2
    In general, your mom is quite correct... and there are a variety of issues.

    Without permission of the video's owner this is copyright infringement (but it depends on their individual policies).

    If you are displacing AdSense - you need to seriously recheck the policies of every company you have videos for.

    When you signed up with Google you sword you would only place ads on pages you authored or have the permission of the original author... if any claims are filed with Google AdSense Google will force you to counterclaim because Google has a good faith belief your word is your bond...

    This means if this goes to the next level you are in a court of law explaining why you lied to Google and force Google to act fraudulently. That isn't a good position to be in... most people simply abandon their accounts instead of facing the music.
     
    fathom, Jan 24, 2010 IP
  3. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #3
    Gotcha, that is quite sad. Well if I sold private advertisements would I be in the same situation?

    Thanks
     
    Humorous.tv, Jan 24, 2010 IP
  4. coduk

    coduk Member

    Messages:
    423
    Likes Received:
    4
    Best Answers:
    0
    Trophy Points:
    35
    #4
    If the authors allow their videos to be embedded, then there is no problem with you taking ad revenue at all. They are making it available to the public anyway, you are just a medium/middle man.

    Google will display ads on their youtube pages anyway, so i doubt they have anything on you. Just make sure the content isnt copyrighted, or if it is, make sure the author has given permission at some point. Most videos on youtube have their authors permission to be embedded and used anywhere. Copying it and hosting it for yourself is a completely different matter.

    Overall, I would say your safe if your just embedding.

    EDIT: By embedding, you dont mean hotlinking? That is illegal in itself, and not very ethical. Embedding from places like youtube, dailymotion etc is fine, because they specificaly allow it, otherwise it can be regarded as stealing bandwidth.
     
    coduk, Jan 24, 2010 IP
  5. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #5
    Okay, that is reassuring. I'm just embedding the video on my site, and changing the dimensions. Thats all. I have just sent messages to CBS, and JimmyKimmel, to get permission to post videos. I didn't think about the images... I guess I'll need to contact the people from where I got them.
     
    Humorous.tv, Jan 24, 2010 IP
  6. nucleus99

    nucleus99 Peon

    Messages:
    633
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #6
    i dont think there is a problem embedding videos from youtube. They provide the code anyway, so if you simply place the code into your HTML i dont think there should be any problem.
     
    nucleus99, Jan 24, 2010 IP
  7. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #7
    That is what I thought, but evidently there is. :rolleyes:
     
    Humorous.tv, Jan 24, 2010 IP
  8. etc

    etc Well-Known Member

    Messages:
    3,236
    Likes Received:
    30
    Best Answers:
    0
    Trophy Points:
    158
    #8
    once you embede videos, you didn't actually take the ownership of that video. infact the name of youtube is still there in the video. so its alright.
     
    etc, Jan 24, 2010 IP
  9. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #9
    Alright, thank you guys.
     
    Humorous.tv, Jan 24, 2010 IP
  10. DubDubDubDot

    DubDubDubDot Peon

    Messages:
    458
    Likes Received:
    13
    Best Answers:
    0
    Trophy Points:
    0
    #10
    YouTube has addressed people on this...

    http://groups.google.com/group/youtube-api-gdata/msg/e9f955e29e6da57b

    http://groups.google.com/group/youtube-api-gdata/msg/7a8e00e72406994c

    Essencially what they are saying is to deflect legal blame to them and they will handle it.

    It's best to use common sense though. If you are going to embed high profile content, check to see who uploaded it. If xixhotgurlxix uploaded an episode of Lost, then avoid putting it on your site.

    As for YouTube's stance on displaying videos on a commercial ad supported site, they prohibit "the sale of advertising, sponsorships, or promotions on any page of the API Client containing YouTube audiovisual content, unless other content not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales."
     
    DubDubDubDot, Jan 25, 2010 IP
    fathom likes this.
  11. fathom

    fathom Well-Known Member

    Messages:
    532
    Likes Received:
    25
    Best Answers:
    0
    Trophy Points:
    120
    #11
    YUP - that is the IMPORTANT PART!

    If NBC uploaded it... they've pretty much provided permission by default.


    If someone else recorded it off a NBS broadcast and uploaded - permission probably wasn't included.

    GOOD CATCH!
     
    fathom, Jan 25, 2010 IP
  12. robertnille

    robertnille Peon

    Messages:
    68
    Likes Received:
    1
    Best Answers:
    0
    Trophy Points:
    0
    #12
    Its nothing illegal to embeding video, because you can embed from youtube to and its not illegal. Thats the same thing!
     
    robertnille, Jan 25, 2010 IP
  13. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #13
    Good thing I'm embedding CBS, and Jimmy Kimmel, and NBC! :D
     
    Humorous.tv, Jan 25, 2010 IP
  14. fathom

    fathom Well-Known Member

    Messages:
    532
    Likes Received:
    25
    Best Answers:
    0
    Trophy Points:
    120
    #14
    That isn't an all-encompassing correct statement... if NBC aired a Robin Williams special and I recorded and uploaded and you then embedded my illegal upload... then it is illegal.

    If NBC uploaded that same special - that would be perfectly acceptable.
     
    fathom, Jan 25, 2010 IP
  15. venkatreading

    venkatreading Peon

    Messages:
    269
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    0
    #15
    no problems , just go and embed. dont even care about copyright , because 90% of all videos are copied from other sites and no one gives a damn about it . i see the people above talking about copyright. there aint no reason , where you cannot embed videos, because you are not selling 'em or editing them . BY THE WAy, youtube just wants what you are doing right now, they need maximum exposure and you are helping 'em .

    MY ADVICE :_ GO AND EMBED ehem and Do not even give a shit about the before replies . all they want is to scare you off .
     
    venkatreading, Jan 25, 2010 IP
  16. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #16
    Okay, well thanks for your opinion, but I side on the side of someone presenting facts. Although I do think your completely correct, my om doesn't, and ultimately I'm trying to just prove to here it is alright.
     
    Humorous.tv, Jan 25, 2010 IP
  17. HostColor

    HostColor Well-Known Member

    Messages:
    428
    Likes Received:
    9
    Best Answers:
    0
    Trophy Points:
    135
    #17
    I think that it might be an issue to use videos from NBC. Go read their terms. As fars for the Youtube I think you are fine.
     
    HostColor, Jan 25, 2010 IP
  18. Humorous.tv

    Humorous.tv Member

    Messages:
    182
    Likes Received:
    0
    Best Answers:
    0
    Trophy Points:
    26
    #18
    Well NBC.com has an embed code that they leave near the video. So I'm assuming that it is the same situation as youtube.
     
    Humorous.tv, Jan 25, 2010 IP