Is it legal to embed youtube videos of other people to your own website?

Discussion in 'Legal Issues' started by momi, Mar 9, 2009.

  1. #1
    Hi,

    I want to know that Is it legal to embed youtube videos of other people to your own website? I mean if I embed videos from youtube uploaded by others on my own site, will it be legal?

    OR

    Is it legal that I download the videos of other users from youtube and then upload them again with my name?

    Please give me recommendations.

    Thanks
    momi
     
    momi, Mar 9, 2009 IP
  2. decoyjames

    decoyjames Active Member

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    #2
    if the party has a problem with the vid... they will go to youtube.

    You are safe
     
    decoyjames, Mar 9, 2009 IP
  3. TurkeyEater

    TurkeyEater Active Member

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    #3
    when users upload their videos to youtube they have the option to show the embed code or to hide it. So as long as you dont write your own embed code for a video that doesn't have it, you should be fine.
     
    TurkeyEater, Mar 9, 2009 IP
  4. johnd01

    johnd01 Member

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    #4
    Yeah you can do this without a problem.
     
    johnd01, Mar 13, 2009 IP
  5. tentwenty

    tentwenty Well-Known Member

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    #5
    Yeah

    Thats why they gave your the codes to do it.
     
    tentwenty, Mar 13, 2009 IP
  6. islesv

    islesv Peon

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    #6
    The second question should be answered with a negative though.
     
    islesv, Mar 13, 2009 IP
  7. alboss13

    alboss13 Well-Known Member

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    #7
    you cant download videos and put ur logo on it then post it on your website. Thats not how you do it . Youtube allows you to take the code and put it in your site, and the only think why they do it is coz they get visitors from you. once the video ends youtube shows your visitors related thumbnailed videos similar to the one they just watched. so users easily switch to youtube instead of spending more time at your site.
    i am using youtube videos too but not for to long.
     
    alboss13, Mar 13, 2009 IP
  8. Business Attorney

    Business Attorney Active Member

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    #8
    Embedding the video through the code supplied by YouTube is OK, as provided in the YouTube Terms of Service.

    Anything else is NOT. Doing anything other than an embedded link violates YouTube's Terms of Service and, more importantly, in almost all cases violates the copyright of the creator of the video.
     
    Business Attorney, Mar 13, 2009 IP
  9. hmansfield

    hmansfield Guest

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    #9
    No. This you cannot do. You cannot take a video from You Tube and put your own name or watermark on it.
     
    hmansfield, Mar 16, 2009 IP
  10. Brian1970

    Brian1970 Notable Member

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    #10
    Brian1970, Apr 9, 2009 IP
  11. druidelder

    druidelder Peon

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    #11
    One thing to note, some videos are not okay to embed even if the code to embed it is on the page. If the video was not uploaded by somebody with rights to do so, then you should not embed it. No UFC fights, baseball games, tv shows, etc..., unless they were uploaded by the studio or organization that owns the copyright.

    As far as I know, nobody has been sued or fined and the likelihood is that the infringed party will contact youtube first. However, not all of these places are internet savvy and may not realize the source is youtube. Since you would be the one embedding, technically you could be charged with contributory infringement.
     
    druidelder, Apr 9, 2009 IP
  12. hmansfield

    hmansfield Guest

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    #12
    Highly doubtful since You Tube is now a well know entity, and any reasonable person would assume that any video that had the code offered for embedding, was OK to do so.

    The burden rests with You Tube for offering up the video, since that is a major part of their operating procedure.
    Anyone with a claim of infringement would have to go to the source where to video is actually hosted, making it available to the public..and where the video was seen first and more frequently.

    No one is going to sue you for posting a You Tube video, just follow the rules.
     
    hmansfield, Apr 9, 2009 IP
  13. druidelder

    druidelder Peon

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    #13
    That is why I said technically. Legally the original source does not matter. At best this would prevent you from having to pay statutory damages but it would not prevent fines and actual damages. I agree that it is highly unlikely, but 15 years ago I would have said it would be highly unlikely for the music industry to sue college students for damages and fines in the hundreds of thousands of dollars and yet....
     
    druidelder, Apr 9, 2009 IP
  14. hmansfield

    hmansfield Guest

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    #14
    True and that is a good point. But no one can say that they thought downloading music that is otherwise for sale, without paying for it, was legal.

    When you engage in "Beating the system" and you get caught, or piss some one off, you take the punishment like a man. It's not any less of a crime because it is college students. College students are adults, and they commit crimes just like Housewives and Sunday School Teachers.

    With You Tube, based on their known business model of posting and sharing user submitted videos who have read and agreed with the stipulations that they have copy rights, a reasonable user would have every reason to believe that the videos are OK for embedding..there isn't a lot of guess work to it.

    If it were a new or little known site posting videos, maybe. but You Tube is a household name now, and just about everyone is privy to their business model.

    It also states in their TOS that videos are O.K. to embed on your blog or website to share with others.

    The burden to police the submissions is still on You tube, not it's participants.
     
    hmansfield, Apr 9, 2009 IP
  15. druidelder

    druidelder Peon

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    #15
    And I think most companies would see it that way, but all it takes is one jerk who doesn't care about reasonable. The law also does not care either. If I hire a designer to make a site for me and he uses copyrighted content on the site, I am still legally liable even if I have written assurances from him that all copyright issues are taken care of. Now, in turn I could sue him for the damages the suit against me would inccur. But I wouldn't likely win a suit against YouTube.

    As far as people kowing downloading was illegal, I think if you see a televised football game on YouTube that was posted by ohmygodiluvtheraiders you should know that it is violating copyright. The truth is you can almost never be certain that the person that uploaded the video has the copyright, just stay away from the blatantly obvious infringing videos.
     
    druidelder, Apr 9, 2009 IP