Hi guys, suppose a guy upload a copyrighted MTV (it's copyright by MTV company) to YouTube.com and then, I use the embed tool to embed video on my site. Can MTV sue me? Can I defend myself saying I use youtube? What mode of protection I have in response to the lawsuit?
I would suggest not to, you can use the excuse that it was on youtube, there is basically no mode of protection for you. When in doubt about the copyright, it is better to err on the side of caution.
eh it's a tough thing to establish if it's copyright or not it's like copywriten content linking albumbase.com got shut down for warez linking, but it's a little different than a short video on youtube it was actual, full albums imo it isn't legal but I'm not a lawyer, so I'm not 100% sure.
You can be sued. Will you, probably not, but that isn't the same as won't. YouTube has some defense by being an ISP under the DMCA guidelines and the content is user generated. When you embed a video that changes the equation. YouTube's own ToS makes refernce to the fact that they are not to be held accountable if you choose to embed an infringing video. Now, had the video been uploaded by MTV (The Daily Show uploads clips) then it would be fine to use. If it was just some guy, then it is not.
Look like you have put up a strong point here about Youtube indeed has a claim that we embed the video by our own risk. Thanks, i didn't notice that. And you are right about probability of being sued. cheers! toby
If the items on youtube you won't be sued. They have the responsibility not to host copyrighted material. Also i'm sure it becomes public domain if its spread across the net. Not sure how that works tho.
Wrong on both points in the US and most (not all though) other countries. As the site owner it is your responisibility to ensure the content you use is non-infringing.
Ya YouTube does a pretty good job at keeping infringing material off its site, but you can still legally be held responsible. Read the link in my sig if ya wanna know a little more about it! Hope it helps. Also giresse... it most definitely does not become public domain once spread across the internet
Tread lightly, take precaution. Your best bet is not to use it, unless you have explicit permission from the content's creator. matthewbeckman makes a good point though, that YouTube does a pretty good job of keeping copyright-infringing material off the site.
Ya I am not sure how YouTube handles its uploads... you never (maybe very rarely) see porn or anything of that nature on there, and copyrighted videos have a very short life span there.
You can define a disclaimer stating that all the videos are hosted on third party sites and you have no association with it, also you should state clearly that if somebody want to get this video removed they should contact the appropriate site for it.
Jaxter has the right idea here. The disclaimer is still not going to make it legal, because you knowingly are linking/embedding to copyrighted material, but a disclaimer and a easy form to have content removed goes a long way. I would imagine companies like MTV (& other media companies) really don't want to have to sue you, but at the same time they are very strict when it comes to things such as copyright infringement.