I want to ask a question regarding Youtube copyright and fair use, If I use a video from youtube in my blog post with out the permission of author of that video then it’s against the copyright ‘fair use’ law or not. If not then what are the condition of fair use here, as youtube has included a share button in which we can find blogger, wordpress share links that mean we can use videos in blog post under fair use (I think). But I don't know correctly having hesitation while sharing. Is it under fair use or under CreativeCommons. we all also share videos on facebook and other social medias we all are doing this sharing with out permission. 1) Can we use Youtube in our blog posts or its illegal. 2) please state fair use if apply.
If the video creator has not given you permission to embed their YouTube video in your blog, then you do not have permission. There is CreativeCommons exception. As for fair use, it is possible, depending on the video and nature of your blog post. As a blanket rule, can simply "share" and call it fair use? No. .
Weird. My post has various missing words and quote marks where words should be. There is no CreativeCommons exception. That is a right that has to be given by the video creator. But since you are using a video without permission CC is not an issue. If there is a share button for the video then the video creator has given you a license to embed the video on your blog, subject to YouTube's rules. If there is no share button then can you still copy the video to your blog and call it fair use? There is no absolute answer you will get here or anywhere else. It depends on the video and nature of your blog post. Copyright and fair use can be extremely complicated and outcomes of issues typically depend on factual issues: what was taken and how was it used. For example, copying an ABC news broadcast is not going to be fair use. If you have a comedy site and copy over just a funny portion of an ABC news broadcast showing a reporter picking his nose, that is a stronger fair use position. You also may want to read YouTubes rules and policies so you can evaluate your personal situation and intended use of the video.
The Fair Use Doctrine in Copyright law While giving advice to clients on Internet copyright law, I always start by saying, "If it is posted on the web, the copyright belongs to someone else." Further, when discussing Internet copyright law, the minute I tell the client there is a fair use exception, they jump all over the exception, contorting the doctrine to fit what they wish to do. Therefore, I will take a minute to discuss the Fair Use Doctrine in copyright law so that the readers of this thread will not misunderstand the concept in this discussion. "Under the "fair use" doctrine, which has long been part of U.S. copyright law, and was expressly incorporated in the 1976 Copyright Act, a judge may excuse unauthorized uses that may otherwise be infringing. Section 107 of the Copyright Act lists criticism, comment, news reporting, teaching, scholarship, and research as examples of uses that may be eligible for the fair use defense." (from: http://www.uspto.gov/web/offices/dco...trefresher.htm) Further, there is a four factor test sited in the law to determine if it is truly fair use: 17 U.S.C. § 107 Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include: 1.the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; 2.the nature of the copyrighted work; 3.the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and 4.the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors Please note, that we are talking about a judge excusing a copyright violation -- You can already see that fair use can get you into a court room quickly, and while you have an affirmative defense, you are paying plenty of legal fees to exercise it. Also, please understand that the fair use doctrine amounts to an ability to use the work to talk about it. For instance, if you wanted to comment upon the news events in Libya this week, you might like to start by taking a quote out of a news article. Notice I said taking a quote out of the article. Fair use does not amount to carte blanche to copy entire articles and post them on your site. It only allows you the ability to respond to the quote for criticism or comment. Finally, notice #1 of the four factor test talks about whether there is a commercial use of the copyright material. While it does not say it outright, the more you are using the copyright work to make money for yourself, the less likely it is that the fair use doctrine will apply.
It's up to the video owner actually, he can just disable embed on his video so his/her video cannot be seen on your blog or whatsoever.
Yep it's all up to the owner of the video if you can embed or not... But it is illegal to download a youtube video using a downloader and upload it to you website.
Attorney Jaffe's explanation is about the best lay explanation of 17 U.S.C. § 107 I've ever seen on the web. The bottom line is "if you aren't prepared to spend big bucks defending your use, don't". If I post "Attorney Jaffe says that it will cost you a lot to defend your claim of fair use", he can't do anything. If I post "Attorney Jaffe says, 'while you have an affirmative defense, you are paying plenty of legal fees to exercise it'", he could complain. My rule, for me, is to either use an indirect quote (the first example above) or to post a link to the quote. I'm a little more reticent to include the relevant part of the original post in a frame, even if it's just to a) save the user work and b) keep the user on my site.