My question is about legal issues of sharing online videoclips using youtube/Dailymotion/others. For example if a Popsugar shares newest Beyonce video (Embeded Youtube code), is possible that some record company sues that website, or it will shurely sue Youtube?
Having a YouTube embed isn't really any different to having a fancy sort of link to YouTube - can you get into trouble if you link to copyrighted material? The answer is almost certainly no. I therefore think YouTube, as those actually hosting the copyrighted material, are the ones who would fall foul of the law. My opinion.
Actually the answer is YES if the videos you are linking to is copyrighted material that is being distributed illegally. In the US and Australia there have been cases where sites where sued for only linking to the material, and found guilty. This is known as contributory infringement, where the site owner is willfully linking to the materials in order to facilitate the infringement/piracy of that material. It doesn't matter that you are not hosting the files yourself, you could still be held liable. In this case all parties involved will be held liable - the uploader, the host and the site linking to the material. See this post, linking to copyrighted material unlawful (contains some more links) and the Australian case or do a search in the legal issues forum. It's been discussed quite a few times.
I'm surprised people even get out of bed in the morning for fear of being sued. Too many legal whores around I think.
Only if they are willfully linking to illegally distributed copyrighted material. Torrent sites have legitimate uses, but unfortunately in most cases they are used for illegal purposes.
Yea this world; especially the U.S is completely FUBAR. Everything is illegal, and you can get sued by a robber who breaks in to your house and breaks his ankle in the process.
thanks everyboby for reply, but i`m thinking this way: when you have made your youtube username, you agreed on the rules, and one of them refers on the copyright issue of the material uploaded. Why should i be sued if i dindnt upload that video?
Your question can be answered only by another question: "Why would you link to a video you know is copyrighted and not supposed to be on YouTube?" In most cases the company would just go after Youtube and the uploader, but if your site eg. links and index tv episodes so other people can pirate them they are very likely going to go after you as well. It all comes down to usage and intent.
Safe harbor doesn't offer protection if you know the material is copyrighted (try proving you didn't know 24 is copyrighted) or if there is profit being generated from the infringement.
Don't worry. YouTube has the liability - and responsibility to ensure uploads are legit. And they are recently too ...
But doesn't Youtube have some kind of terms and conditions that if you put a video on there no matter if it is copyrighted that anyone can use it? I'm sure I was told this at an Internet Summit? Actually I might just go read it myself now.
Good question, however I would have to disagree! Whenever you make or upload a YouTube video is does ask and give you the option to allow other to embed this video, if disallowed "uncheck" the the correlating box. So legally "yes" you should be able to embed but infringement begins with the actual "downloading" of ...well really ANY YouTube videos.
When you post a video, you can chose a 'Creative Commons' license, which means you allow anyone to make a new video with parts of your video in it. Obviously you can't do this if you don't own the material in the first place.
There are many videos on there and most of them uploaded by taking from different sources... Few are full movie videos uploaded to Youtube which no one watched.