Youtube video embeding - leagal issue...

Discussion in 'Legal Issues' started by asantha, Apr 8, 2011.

  1. #1
    Hi dp members,
    I m going to start a website... Its a video site which will embedded from youtube. BUT those videos are not uploaded by me.. its uploaded by others.. However those videos they have not created.. those are tv series.. basically they recorded them on TV and uploaded them to youtube..

    What i m going to do is embedding them in my site as well.... IS this legal?

    Thanks
     
    asantha, Apr 8, 2011 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    Ultimately you are responsible for the content you put or embed on your site. You can't get away with copyright infringement just because someone else uploaded them without permission from the copyright holder.
     
    mjewel, Apr 8, 2011 IP
  3. asantha

    asantha Active Member

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    #3
    is that mean copyright holder is video owner.. not the one who uploaded to youtube?
     
    asantha, Apr 9, 2011 IP
  4. mjewel

    mjewel Prominent Member

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    #4
    That's correct. If someone steals something and uploads it to youtube, it doesn't make it theirs nor a legal upload.
     
    mjewel, Apr 9, 2011 IP
  5. theAdviserMe

    theAdviserMe Active Member

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    #5
    Don't worry on that. If ever the videos will be questioned, they would just be taken off Youtube. I have not heard anybody got into trouble because of Youtube embedding.
     
    theAdviserMe, Apr 11, 2011 IP
  6. asantha

    asantha Active Member

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    #6
    good to know.. I sure they will not take their videos out.. bcz even they have embeded that video into their site.. hopefully I can use them.... :)
     
    asantha, Apr 11, 2011 IP
  7. hsps9.99

    hsps9.99 Member

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    #7
    True i don't think sharing a video is illegal, as long as it is not uploaded by you ;)....

    Most of the cases the legal issues will be only send to video hosting site, youtube in most cases deletes them as soon at they get it...
     
    hsps9.99, Apr 11, 2011 IP
  8. razorrazor

    razorrazor Member

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    #8
    I think you're responsable too.
     
    razorrazor, Apr 11, 2011 IP
  9. Business Attorney

    Business Attorney Active Member

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    #9
    That MAY be true in the case where you happen to link to a YouTube video that turns out to be loaded without the copyright owner's consent.

    If you link to a YouTube video that you know is infringing, or that your reasonably should have known is infringing, and if your embedded link materially contributes to the infringement, then you could be liable for contributory copyright infringement.

    So if your site's business model is based on linking to material like copyrighted TV shows recorded and uploaded by viewers, there is a very good argument that you are liable for contributory infringement. In fact your post here is evidence that you are intentionally contributing to the infringement.
     
    Business Attorney, Apr 11, 2011 IP
  10. ker

    ker Peon

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    #10
    That's all true but how can I know that something is stolen? I mean, let's say someone steals web template and publish that template for free and he claims that it's his template and everyone can use it under creative commons licence... Do I violate the law by using that template on my site or man that has stolen that template or both?
     
    ker, Apr 11, 2011 IP
  11. mjewel

    mjewel Prominent Member

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    #11
    You are responsible for the content you put on your site. Technically, you can be sued for using something that was posted without permission from the copyright holder. If something is stolen, the rights to it cannot be legally conveyed to you - i.e. you have no legal rights to use it. If in doubt, don't use it.
     
    mjewel, Apr 11, 2011 IP
  12. Business Attorney

    Business Attorney Active Member

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    #12
    If you don't know (and reasonably would not have known) that material was infringing someone's copyright, your damages MIGHT be reduced (but not eliminated) as an innocent infringement, but the copyright owner is entitled to statutory damages even if you had no idea that the material was infringing. Showing actual knowledge of the infringement is not a requirement for collecting damages.
     
    Business Attorney, Apr 11, 2011 IP
  13. mnicklas14

    mnicklas14 Greenhorn

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    #13
    I don't see it being illegal...most torrent sites argue they don't host the pirated files, simply the trackers and it is what the users make of them...so basically you don't host the file...youtube does so its their problem and will most likely just be deleted.
     
    mnicklas14, Apr 12, 2011 IP
  14. joel2280

    joel2280 Peon

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    #14
    Im curiouse what script you are useing for your site?
     
    joel2280, May 29, 2011 IP