Illegal videos

Discussion in 'Legal Issues' started by andrej, Aug 30, 2007.

  1. #1
    I'm launching a new blog with car videos and I wonder if it is fine to post particularly this video on my site: dailymotion(dot)com/search/lamborghini/video/x2nyd9_lamborghini-patrullero_auto

    When you look better on it, you will notice the Discovery logo in the right bottom corner. Are such videos illegal? Or is it fine? I will have the videos embedded right on my blog - they will be played directly on my site.
     
    andrej, Aug 30, 2007 IP
  2. Crusader

    Crusader Peon

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    #2
    Well, unless you have permission from the actual person(s) that created the video (or the party that owns the copyright i.e Discovery) you will be infringing on their copyright if you use their video/image without permission.

    Since there is a Discovery logo on the video it's very likely that they own the copyright and distribution rights of the video. Using in the way you propose would definitely be a copyright violation and they could take legal action against you.
     
    Crusader, Aug 31, 2007 IP
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  3. andrej

    andrej Notable Member

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    #3
    OK, thanks for your expert advice. I was just about to post that video on my blog.
     
    andrej, Aug 31, 2007 IP
  4. ADman

    ADman Peon

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    #4
    i posted once a video which was not mine in my ste and i got warning from the author eventhough i mentioned his name
     
    ADman, Aug 31, 2007 IP
  5. andrej

    andrej Notable Member

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    #5
    I think as long as you link the video on your site from e.g. Youtube or Metacafe, it should be fine, as they have an embed link for every video and support you to spread the video on other sites / blogs.

    The other thing are the copyright issues.
     
    andrej, Aug 31, 2007 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    That would be true if the person who posted the video on YouTube had the right to do so, as this is agreed to in the ToS. I doubt that the Discovery Channel uploaded the video. Embedding a copyrighted video that you have no rights to (nor does YouTube) then that would be seen as contributory infringement. It is not likely DC would sue you (since you probably don't have enough money to be worth the effort), but they could. Most likely they would just send a takedown letter.
     
    bluegrass special, Aug 31, 2007 IP
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  7. Crusader

    Crusader Peon

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    #7
    Bluegrass is 100% correct. Embedding/linking to copyrighted videos that are being distributed illegally is seen as contributory infringement. The fact that Youtube and others offer embed code, doesn't mean that it is a good idea (or legal) to do so, especially since there are loads of videos on Youtube that should definitely not be there.

    Youtube also has restrictions that you can't embed their videos on commercial sites, so if you have ads on your site, you are most likely breaking the Youtube ToS.
     
    Crusader, Aug 31, 2007 IP
  8. andrej

    andrej Notable Member

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    #8
    Yeah, I do have Adsense.
     
    andrej, Aug 31, 2007 IP
  9. imsteve

    imsteve Peon

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    #9
    Yeah it's always good to email the author, especially if it's for commercial use, but even non commercial, it's good to always ask.
     
    imsteve, Sep 1, 2007 IP
  10. native

    native Peon

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    #10
    If Discovery were to find the video on your site; they would make Daily Motion take it down, as they are the ones to host it.
     
    native, Sep 4, 2007 IP
  11. bluegrass special

    bluegrass special Peon

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    #11
    Marvel, MPAA, RIAA are just a few of the many companies that have gone after the little site and not the hosting site. They may go after the big site as well, but that does not prevent them from going after the little guy.
     
    bluegrass special, Sep 4, 2007 IP