If you make a utube video, and put a music song as background music you need permission from the people whose song it is..... but i have seen many utube videos with music, and you can tel that they have been made quickly and no legal acknowledgment has been asked for from the people who made the song. if you make a video with a song in the background, and you dont get permission from the song producer/company/singer etc..... and they take legal action and decide to sue, who would they sue? would they sue 1)-the person who made the video- but how would they find out who made it if the video has been outsourced?- how can they track the outsourcer/original creator of the video? or would they sue 2) - the person who has registered the Domain where the video links too? (in the video watermark?) what if that domain is registered with a Whoisguard? how could the music producers track them down? - could they contact the domain agency and ask for details- although this is not allowed to be shared.??? or would they sue 3) the person who created the utube account- but again, how could they track down who made the account? / if there are no address details on their account? who else would they sue, and how could they track them?
They can get a court order to get the IP address of the person who uploaded the video or created the account. They then go to the ISP which keeps a record of who was using the IP address at that time, and release the the personal information of who has the account with them. They can then file a lawsuit against that individual.
You question was answered when you asked... What other answer were you looking for ? You know it's illegal, so are you looking for some kind of loop hole to do it anyway ? It's real simple. The music isn't yours. You didn't make it. You have no right s to it. Unless you ask for permission to use it, you are stealing. It's pretty plain. Yes, other people break the law all the time, but do you know what happens to them when they are reported ? Neither do I, so why take that chance. There are plenty of places to get royalty free music for your videos, or make your own. You cannot take it upon yourself , just because you like someone else's work, to use it for your own stuff.
Well said, but i'm guessing you won't get reported straight away. Maybe after continous uploads and also ignoring the warnings.
A court order will force YouTube to release the IP address which was used to upload the video, that IP's ISP will be contacted and upon court order, your information will be given which will be used to file a claim against you. WhoIs Guard just protects you against kids who want to play with your WhoIs information, a legal company can get them from your WhoIs Guard company easily. Same answer as of question 1. So basically, you are the one getting sued, which will include all sites and stuff associated with that video to be shutted down.
Though, have you ever heard of an case where someone has actually been sued? As i haven't. I don't think they're going to "Sue" you over one video. I'm guessing if you have 100's of video's which are popular, then you may be sued. However putting an watermark on the video is an bad idea.
He asked "Can they sue you" and my answer was YES and the ways they would do it. I never said you will always be sued. Normally they would contact YouTube and get the video(s) removed...
although they can sue yo however it would cost them much more than they could possibly get because you wouldnt have enough money to pay thus no9 theyb wont unless you run a music sharing sites or you have something like a collection of works of some singe uploaded fully.
..and I am sure that you have investigated the thousands of court cases that are in Federal court everyday. Just because it's not on the news or written on a blog, doesn't mean it's not happening. There are 13 Federal Circuit districts in the U.S. "I never heard of it" is not concrete advice. I'll bet there are thousands of court cases everyday that you have never heard of. Getting sued over one instance of infringement on You Tube is probably not likely , since they will just remove the video, but they are with in their rights to sue, and it is a criminal matter, not just civil...so why go into it knowing it's a crime and waste all that time ?
I don't think the number would be in the millions, nor that one instance will get you any jail time. Most cases in the U.S. a plea bargained, and first time offenders usually get probation which could include not working online again, or accessing a computer, since that is how the crime was committed. I don't understand what we are discussing here, if it is illegal ? or if you will get caught and charged? Personally, if I know something to be illegal, there is no advice that anyone can give on if I will get caught or not. Everyone seems to making the point that "Yes it is illegal, but hardly anyone gets charged with a crime."....that is a really sad commentary on people's business ethics.
i have never posted a youtube video but i think that might just take away the sound or take down the video however many songs are on youtube and alot of them dont get taken down so im not sure