Linking to Copyright videos on veoh, dailymotion...

Hello there,

We have a portal which collect videos from all the video sharing sites such as Dailymotion, Veoh, YouTube,etc... No actual videos are hosted on our servers.

Recently, We got a letter from the lawyer of the copyright owner of some videos, stating that we are not allowed to link to these videos on our sites. If we dont remove those links they will take legal action on us.

So, my question is that can they actually sue us for linking to videos on youtube, dailymotion....?
Also, How do i find out if they are trade marked?

As far as i know, if we dont store the actual copyright content on our servers then it is fine, at least with US law!?
And i think they are just trying to scare us since there are like hundred of sites that doing the same thing and i see keeping doing it.
Part of the letter:



Thank you for any input.

 

Yes, as soon as you were officially informed that the content was copyrighted you became liable.

 

I would think they cant sue you on the basis if you link to their website(within blog posts or links or key phrases) where they advertise their products.

BTW love the Paris by Night series of music.

 

The fact that other people are violating the copyright doesn't give you the right to join in the violation for your own profit. Likewise, the fact you are linking to a copyrighted matter, even on their own site, doesn't give you the right to use their trademarks.

 

First of all, go check the TOS of youtube, dailymotion, etc. These sites clearly say something like 'by uploading the video, you give the users non-exclusive, royalty free right to view and share stuff(in a medium provided by use-eg: the embedded flv player by youtube)'.

So these copyright holders cannot prevent you from sharing their vides, esp if you are using legal means as outlined in the TOS of the site which is hosting the video.

 

It doesn't matter if the content is hosted on youtube, if they are the copyright owners they alone control who can reproduce it. Remove the content before you get sued and apologize.

 

my opinion on this is if your gonna host copyrighted material and it is a product, sign up as an affliate and make a link to it, not only will you be able to show the material , you got a chance to make a little $$ off it.

if it isn't a product, why not just be a nice guy and take it down.

 

Obviously the copyright holder didn't give permission in the first place. It's like buying something from someone who tells you it isn't stolen - it doesn't make it ok because the person who gave you the information never had legal title. Youtube, dailymotion, etc. can't grant permission to use something unless the copyright holder was the person who uploaded the material.

Remove the links immediately. You can be sued for contributory infringement for just linking, not hosting.

 

That's also wrong. You can't use copyrighted material without permission just because you are an affiliate or selling the product. Some may grant permission under certain terms, others don't.

 

I AM TELLING YOU you can be sued and you will. LINKING IS NOW illegal, if you dont believe me google MPAA sues movie streaming site, MPAA has already sued movie site for LINKING and won millions from each lawsuit, if you dont believe me google that.

 

i have asked something similar here http://forums.digitalpoint.com/showthread.php?t=1001200
if u are on EU if u only post the link is not a problem but if the videos is displayed on your site there is a problem

oh also that ppl send u a proof that are the real owners of that material ? also do u have mail(no email) address or mailbox on your site ? fax ? telephone number ?

 

I dont think they can take legal actions to you, as youre not actually host it!

Ok, Youtube might host copyright content, but your lawyer should say things like "Take legal actions by the source!".

Dont be afraid, as long as you dont actually host that kind of content.
If i experience this kind of thing once, i wont remove it for sure!
Lets see what the judge will say... no doubt

 

No you are wrong. You can still get sued for linking to copyrighted material under contributory infringement. It pisses me off when people, who obviously have no idea what the **** they are talking about post false information. You are misleading the OP and giving him advice that could potentially cost him thousands of dollars in legal fees.

 

Calm down crybaby...
Read my post carefully and then reply again

 

People like you should not comment when they obviously have no clue about what they are talking about.

 

Oh you understand what youre talking about?

Well, i just tell my opinion about it.

IF YOU WANT TO BE SURE, JUST CONTACT A LAWYER AND NOT A FORUM LIKE THIS

 

cheaptraffic from what country u are ? and where is your web page hosted ? (move to Ukraine if u have allot of problems )
MelogKnaj & ilook depend where u live
in some county u pay a tax for this things and there is no problem if u get link to copyrigth content

 

It's just your totally wrong opinion with no root in reality. Your right about the second part though. Hosting your site offshore will only make it more difficult for you to be sued, but it can still happen.

 

Well, my opinion is not "totally wrong", maybe you have to look further than the length of your nose and think about different laws in different countries.

 

I think i am going to move the server to Netherlands, :d

Right now server is in Chicago, USA

BTW, where exactly in EU it is okie to link(embed) copyright videos ?