It depends on the video. If the copyright owner was the one that uploaded it then they agreed to have it embeddable, so it is legal. If the original uploader did not have the right to do so, then it is illegal for you to use them. Example one, Bob tapes the football game and uploads it. Even though the embed code is on YouTube, it is illegal to use it as Bob did not have the right to distribute a copy of it on the web. Example two, Bob makes a video of his cat and uploads it. This video is legal for you to embed.
Wrong, you can use embeded videos on sites with adsense. That is totally within YouTube's Terms of Service.
Theres a new policy. If you only put videos purely to get adsense/ad revenue, then its not allowed. im talking about sites full of videos
I am making a fan website about a video game. I was planing to make a video page and but emebeded videos I found on youtube about the game. The website will have adsense on it, yes. Any way around this problem ?
If you have other content besides the video, say a brief review or discussion of the video/game, on the pages where the videos are located you should be fine as long as the videos themselves are not infringing on copyright.
Yes, explained correctly. But even if you hold copyright for the video you uploaded, you cannot prohibit users from embedding your video on their websites. ToS of youtube says that uploaders grant the users of YouTube, a royalty-free license to embed the video using the embeddable youtube player.
How about making a sort of list and a description for every video and a link to every video on youtube/whatever (not emeding anything ) . Would that be ok ? Oh and how much money would I lose ? )
Actually you can control whether the video can be embedded. You just have to chose that option when you upload the video. If you do not, then the embed code is displayed and you agree to allow people to use it. If the uploader did not own the copyright to the video that he/she uploaded, then the copyright holder can use legal means to prevent people from embedding the video.
Oh, and another question. Would it really be my fault ? If I am displaying a embeded video on my website, youtube is doing the exact same thing, so if I do something illegal it's because youtube did it first. Since youtube says it's ok to embed theyr videos... if someone is going to get in to trouble it's going to be youtube before me, and they would likely take the vid down if that happens so I should be ok. Am I going about this the right way ?
I think some text below the video makes it allowed. But if the broadcaster doesn't want anyone to embedd the videos. The embedd feature will not be on youtube, so all is legal.
Yes, it would be seen as your fault. YouTube might get a takedown notice, but on they're site the content was uploaded by somebody else (not the site owner). On your site you make the choice to embed the video. They are not comprable situations in the eyes of the law. As far as going after YouTube first, that is not a requirement under the law. Also, YouTube has won several of these types of suits. Why go after a company with the financial backing of Google when you can go after a smaller fish? Also, you are assuming the person/company that might be involved even understands the internet in the first place. Bottom line, if you embed a video that is infringing on copyright, you can be sued and would lose (even if the embed code was there). Whether that is what is likely to happen is another issue. It is more likely that you or YouTube would be issued a takedown notice, but it is not required for a copyright holder to be nice. And copyright infringement can be a very costly (tens or even hundreds of thousands) endeavour. The issue isn't whether the embed code is available on the YouTube page. The issue is whether the person that posted it on YouTube had the right to do so in the first place. You have to use some common sense to determine this sometimes. For example, if you embed a video of a professional sporting event that is an obvious problem. Many of the videos on YouTube were uploaded by the copyright holder. Those are perfectly legal to use.
Ok, one of the videos I am looking to embed is a game trailer released be the game producer, how do I found out what type of license the video is under. Also there are a few videos made by ho knows who, which include scenes from inside the game. How do I found out if the guy that posted it on youtube had permission to do so ?
Go for it, if the embed is there and available for use, I hate it when the video gets removed for whatever reasons and you're then left with empty video shells - so just beware of that, you are within your rights, you wont be sued - the video will be removed from Youtube before they even approach you.
If they are videos about games then you are probably okay at the moment. They aren't as sue happy as the music or film industry. Just because there is embed code on YouTube does not mean you are within your rights to use it. It is also not accurate to say you won't be sued. It is not likely you will be sued, but there is no legal requirement for the copyright holder to go after YouTube first or to send a takedown notice. If a copyright holder sees an embedded video of something they own your site and he/she did not authorize the video to be placed on YouTube, they are well within their rights to start by suing you. The odds are low, but the risks are high. Article