Is it legal if i publish youtube videos on my blog?

Discussion in 'Legal Issues' started by dicksonwoo, Jan 11, 2008.

  1. #1
    Is it legal if i publish youtube videos on my blog?
     
    dicksonwoo, Jan 11, 2008 IP
  2. EnDLeSs_27

    EnDLeSs_27 Active Member

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    #2
    I cant see why not. You wont have anything illegal hosted on your account so YouTube will have to deal with all that.
     
    EnDLeSs_27, Jan 11, 2008 IP
  3. bluegrass special

    bluegrass special Peon

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    #3
    Not hosting the actual content does not absolve you of possible legal issues. There are various cases against torrent sites, p2p software makers, and other sites that help to distribute illegal content without actually hosting the material.

    As to YouTube, it depends on the source of the video. If the person that uploaded it owned the copyright then they agreed to the terms of YouTube and allow their content to be linked to (the part where YouTube provides the code to embed the video). Those types of videos would be fine. But videos of tv shows, movies, or that were uploaded by somebody other than the copyright owner can get your site in trouble. It's called contributory infringement.
     
    bluegrass special, Jan 11, 2008 IP
  4. gartar

    gartar Peon

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    #4
    Does it mean, all videos that have "embed" are OK to be added on your site/blog
     
    gartar, Jan 11, 2008 IP
  5. EnDLeSs_27

    EnDLeSs_27 Active Member

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    #5
    Yuh that is basically just linking from other websites. So the website that is hosting the content has to deal with the illegal issues. Not you.
     
    EnDLeSs_27, Jan 12, 2008 IP
  6. technolarity

    technolarity Well-Known Member

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    #6
    I knew someone who was sued for posting videos from youtube because they were containing music video content .
    also some party were sued for videos leaked .
     
    technolarity, Jan 12, 2008 IP
  7. Barefootsies

    Barefootsies Well-Known Member

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    #7
    Despite what any internet esquire tells you, do three things.

    1. Register your DBA at county clerk ($15-24). Then go open business bank account ($100).
    2. Form an LLC ($50-500). Domain, and banking should be done under that LLC name.
    3. Consult a real attorney if you are that concerned about it.

    2 cents
     
    Barefootsies, Jan 12, 2008 IP
  8. god_archang3l

    god_archang3l Peon

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    #8
    You may have problem's if the video it's copywrite protected like you said video clips ...
     
    god_archang3l, Jan 13, 2008 IP
  9. Deities

    Deities Guest

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    #9
    At the end of the day., it's still on YT's servers so they take the main responsibility. Dodgy area though.
     
    Deities, Jan 13, 2008 IP
  10. bluegrass special

    bluegrass special Peon

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    #10
    Some people think an LLC is the answer to their problems. It would offer no real protection in this case. LLCs do not protect the owner when he/she intenionally does something fraudulent or illegal. Embedding a video is an intentional act. If that video was infringing in the first place, it is an illegal act that will nullify the protection offered by an LLC (especially if the LLC is really just one person.

    Just because the video has the embad link does not mean it is legal or okay to embed. Take, for example, a tv show that somebody recorded on their DVR. They did not have the copyright authorization to distribute the show through YouTube. Thus, even though they agreed to have the embed code with the video they uploaded they never had the right to do so in the first place. If you chose to then embed that video on your site you could be found guilty of contributory infringement if the copyright owner (in this case the tv studio) found it and chose to persue it.
     
    bluegrass special, Jan 13, 2008 IP
  11. gartar

    gartar Peon

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    #11
    Yes, but in that case that you said bluegrass special, it is problem on the uploader, not on the person, who embed video.

    So if the video is home-made(for example), and it have embed option, does it mean everyone have the right to embed it?
     
    gartar, Jan 14, 2008 IP
  12. bluegrass special

    bluegrass special Peon

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    #12
    The case I mentioned, the fault in the eyes of the law lays with both the original uploader and the person that embeds it.

    As far as home-made videos, if the person that uploaded it is the person that took it and the embed code is included, then it would be legal to use. It's all about whether the copyright owner uploaded it or not. If it was the copyright holder, it doesn't matter if it is homemade or professionalthen it would be legal. If it wasn't the copyright holder, then it is illegal to use.
     
    bluegrass special, Jan 14, 2008 IP
  13. richrf

    richrf Active Member

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    #13
    I think there are some practical issues here, in terms of what will really happen in case there is a copyright infringement.

    If YouTube is improperly hosting a copyrighted video, then the owner of the video will - and probably must, if they want to have an legal recourse - first approach YouTub to remove the video. YouTube will probably do this promptly, otherwise they can be sued. Your site will lose the link, as soon as YouTube takes down the video.

    There are sites, that populate their videos from illegal sources and these sources probably would not respond to complaints as YouTube will. If you used these type of sites as your source, then you would be in a different sort of situation, from a practical point of view.

    People, and companies, just don't go out and sue. There is preparation, and one of the things they must do is request the removal of copyrighted material.

    Rich
     
    richrf, Jan 16, 2008 IP
  14. t2000q

    t2000q Prominent Member

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    #14
    depends on content of videos
     
    t2000q, Jan 16, 2008 IP
  15. bluegrass special

    bluegrass special Peon

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    #15
    richf,

    I agree that the scenario that you suggest (a takedown request to YouTube) is the most likely. However, there is no legal requirement for the copyright holder to do so. There is also no legal requirement for them to name YouTube in the suit as well.

    Most people and companies do not just go out and sue, but some do. There are people that make their living that way. And there are organizations (RIAA, MPAA, etc...) that do stupid things all the time, even when the backlash they get from their customers is so overwhelming that you would think they'd stop trying to persue such things.

    The question one has to ask themselves is if they want to risk hundreds of thousands on the probablity that they won't be caught.
     
    bluegrass special, Jan 16, 2008 IP