movie trailer okay for website?

Discussion in 'Legal Issues' started by toby, Sep 13, 2008.

  1. #1
    if I have a large site, can i dedicate one section JUST for movie trailers by having it uploaded to my own sites and let users to view them from my site?
     
    toby, Sep 13, 2008 IP
  2. mjewel

    mjewel Prominent Member

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    #2
    You need express permission from the copyright owner anytime you use content you don't own.
     
    mjewel, Sep 13, 2008 IP
  3. Essociate

    Essociate Peon

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    #3
    if you are not charging for access, there is a possibility the trailers can be used under the doctrine of fair use. consult with an attorney prior to using the content of others though. you need to be absolutely sure that your use is in good faith, as the penalties for copyright infringement are severe.
     
    Essociate, Sep 13, 2008 IP
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  4. toby

    toby Notable Member

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    #4
    can i display google adsenese here then?
     
    toby, Sep 14, 2008 IP
  5. mjewel

    mjewel Prominent Member

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    #5
    Adding adsense makes the site commercial in nature and wouldn't likely be covered under fair use. People have spent hundreds of thousands of dollars on legal fees claiming fair use - and it can often be difficult to successfully argue. The vast majority of webmasters on DP have commercial sites (takes in some form of revenue - even donations for bandwidth) and don't qualify to claim fair use as a defense for copyright infringement.

    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.

    http://en.wikipedia.org/wiki/Fair_use
     
    mjewel, Sep 14, 2008 IP
  6. kate.newbie

    kate.newbie Banned

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    #6
    I agree to that too . but am bit confussed about it all
     
    kate.newbie, Sep 14, 2008 IP
  7. toby

    toby Notable Member

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    #7
    so what if i do not display adsense on that section of the site, can i still use Adsense without copyright infrignment?
     
    toby, Sep 14, 2008 IP
  8. mjewel

    mjewel Prominent Member

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    #8
    Your site is commercial, just not the page. If the site takes in revenue, it would likely be a mistake to think you could use fair use as a defense.

    The chances of being sued for hosting trailers is probably low, however, if you are talking about being technically legal, then you need permission from the copyright holder of each trailer to show them on your site.

    You should host the trailers knowing their is some risk, albeit small, or not do it if you are worried about any possibility of having a DMCA taken down being filed, or even being sued.
     
    mjewel, Sep 14, 2008 IP
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  9. toby

    toby Notable Member

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    #9
    how about being adsense TOS compliant? i mean what if i dont put up adsense in that section of the site, am I still eligible for Adsense? will Adsense ban me for that?
     
    toby, Sep 14, 2008 IP
  10. fmandl

    fmandl Peon

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    #10
    Dude!!!! I think the person is speaking to you but your not paying attention. I just got here and i got the answer.
     
    fmandl, Sep 14, 2008 IP
  11. MelogKnaj

    MelogKnaj Guest

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    #11
    Sorry to bump an old thread here but I thought I would give this an answer. Just removing adsense from the single page that infringes on copyright isn't going to cut it. You still run the risk of being banned from adsense. Hulu has some movie trailers on it, which you can embed legitimately without fear of getting banned.
     
    MelogKnaj, Sep 29, 2008 IP