Streaming Mega Video Content...

Discussion in 'Legal Issues' started by tjsocr22, Feb 17, 2010.

  1. #1
    OK, so recently I have gotten to making a couple of websites that stream specific episodes and seasons of some tv shows... "Family Guy" and "Futurama" to be exact. I do not host any of the content on my site but instead use the embed codes from Mega Video and other sources to stream the content on my sites. Everyday I get a little more nervous that what I am doing might be illegal, so is it? I have noticed that there are about 30 other top sites doing the same kind of thing and are still up and running...what do you guys think? Should I cease and desist before things start to heat up or is what I am doing perfectly fine and clear?? By the way I live in Canada (If that makes any difference) lol
     
    tjsocr22, Feb 17, 2010 IP
  2. stephenc

    stephenc Peon

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    #2
    If they provide an embed code, then they must be allowed to share
    them. If they are not, eventually the embed code will simply display
    a message like "video taken down."

    The whole point of the embed code is to share them.

    If they violate some law, then the site you are getting them will
    be asked to take them down. Until then, keep using them. Just like
    youtube. Eventually they get taken down. Many times on youtube
    they do not provide an embed code because they don't want it
    shared.

    Stephen C
     
    stephenc, Feb 17, 2010 IP
  3. Nesq200

    Nesq200 Peon

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    #3
    Yeah, since you are not the one actually hosting the videos, they'll only go after the site that is and take the videos down.
     
    Nesq200, Feb 17, 2010 IP
  4. Arttu

    Arttu Member

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    #4
    I don't know about Canada, but in US this kind of sites are illegal, however in UK they are legal.
     
    Arttu, Feb 18, 2010 IP
  5. stephenc

    stephenc Peon

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    #5
    There's nothing illegal about it. Why do you think youtube includes
    an embed tag??? They WANT you to share it!!!!

    Many users of youtube do not include an embed tag because they
    don't want it shared. If there is no embed tag, obviously you can't
    share it. Many TV shows allow embedding of their episodes.

    I just checked on youtube for current tv shows. Many have channels
    and many include an embed tag. Share it! If you see "embedding has been
    disabled on request," you can't share it.

    In fact, get your some videos from youtube. It's a trusted service, highly
    monitored, owned by google. That way, let google sort it out.

    The embed tag is free advertising!

    Stephen C
     
    stephenc, Feb 18, 2010 IP
  6. Subby

    Subby Peon

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    #6
    As long as your site is hosted outside of the us you are fine :p
     
    Subby, Feb 18, 2010 IP
  7. mjewel

    mjewel Prominent Member

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    #7

    You're giving bad advice and shouldn't post about something you know nothing about. Whether or not you can be sued for contributory infringement depends on where you live and/or where the videos are hosted. Content isn't automatically free from legal ramifications and ok to embed because it is hosted on youtube (youtube is being sued - one suit is for a billion dollars). You can be held legally responsible for content displayed on your site. Ultimately it is YOUR responsibility to make sure permission has been granted by the copyright holder and not just uploaded by someone who stole it.
     
    mjewel, Feb 18, 2010 IP
  8. allthatjazz

    allthatjazz Guest

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    #8
    lol mjewel for once i have to disagree with you, youtube allows the embedded options that means the media streams from their servers not the hosts , infact if some one is using embedded youtube vid and gets gets take down for it he is supposed to forward it to you tube they will handle it , and believe me ppl getting sued for billions and getting anything is different a story, this google we are talking about who could just about buy out any media crop with their pocket change:p i would love to see sony or riaa or mpaa take on them:p

    having the embedded options means you can share it , the only difference is is copy right holders permissions are there or not , if not then it's a different story, but you would hardly find any vids on youtube if have the embedded option without the copy right holders permission. and yes in the end it always the laws of your own country and hosting which comes into play , this i have shouting here since day one:p
     
    allthatjazz, Feb 18, 2010 IP
  9. mjewel

    mjewel Prominent Member

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    #9
    Wrong. There are hundreds or thousands of videos posted illegally on youtube everyday. The person who uploads it may give you the option to embed it, but if they don't own it, they can't legally grant permission to embed it. You are legally responsible for content displayed on your site and can be sued for damages. Practically speaking, most copyright holders are going to notify youtube which will remove the content and not sue individuals who embed the stolen content - however, they could. If you own a site that is displaying illegal content on a regular basis, or keep changing the links as they are taken down with a DMCA, then you are a lot more likely to have legal trouble.

    The fact remains that if you are potentially liable for damages with embeded videos. You don't get off the hook by pointing the finger at the site hosting the content or playing stupid. The OP asked if what he was doing was legal, not for guesses on whether or not he will be sued - and that depends on contributory infringement laws where he lives and where the content is hosted.
     
    Last edited: Feb 18, 2010
    mjewel, Feb 18, 2010 IP
  10. LockBox

    LockBox Peon

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    #10
    Hmm, i know few official channels give their embed codes... But then again they say that their content can not be used for financial gain. So, correct me if im wrong, adsense/cpalead and similar services can not be used on your website as you would generate profit. Any advice on that?
     
    LockBox, Feb 19, 2010 IP
  11. killaklown

    killaklown Well-Known Member

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    #11
    You probably wont be sued, but technically you are sharing copyrighted material. Sure its not hosted by you, but you are still providing copyrighted material to your visitors.
     
    killaklown, Feb 19, 2010 IP
  12. Law-Dude

    Law-Dude Active Member

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    #12
    Just because the file is embedded does not mean that you are removed from any liability. In most jurisdictions, where the file is hosted is not as relevant as whether you ought to have known that the file you were providing access to or encouraging access to was infringing someone's copyright.

    As for how the Canadian law applies, Canada has something similar to the United States' "contributory infringement," which is called "secondary infringement." This is the Canadian law regarding infringement:

    Embedding the video, regardless of where it is hosted, could likely be said to "distribute to such an extent as to affect prejudicially the owner of the copyright." It is probably best to pursue a more honest business than attempt to live off of someone else's intellectual property and risk being sued.
     
    Law-Dude, Feb 20, 2010 IP