Uploading copywrited videos

Discussion in 'Legal Issues' started by gartar, Feb 1, 2008.

  1. #1
    Can someone tell me what can happen if someone upload copywrited videos on youtube and promote site on that video?

    I know that there are many videos there.

    Youtube will remove them, but is it possible to have any legal problem with law, and what kind of problems can someone expect if do this?

    Thank you in advance.
     
    gartar, Feb 1, 2008 IP
  2. bluegrass special

    bluegrass special Peon

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    #2
    It depends on a lot of factors, but here are the basics. If the copyright holder were to sue you you could be hit with $200 to $150,000 per work infringed (it is a very big range), court costs (which could be in the tens of thousands - it was over $1.3 million in the one case, but that involved massive infringement and went all the way to the supreme court), actual damages, and any profits you made from the use of the work. In some cases an additional award is made of two to three times the licensing fee for up to the preceeding three years. Those are the civil ramifications.

    Criminal copyright charges in the US can lead to a few years in jail, though that is uaually reserved for massive infringers and profiteers.

    Beyond that, they can have you site shutdown, removed from search engine results and otherwise make you internet life hell.

    Or, they will just leave it alone if the takedown notice is complied with.
     
    bluegrass special, Feb 1, 2008 IP
  3. Lpspider

    Lpspider Well-Known Member

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    #3
    It's possible, but highly unlikely that you'll face legal penalties for videos on youtube.
     
    Lpspider, Feb 1, 2008 IP
  4. bluegrass special

    bluegrass special Peon

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    #4
    Percentage wise, that is true. But it really depends on whose content you rip off and what they feel like. The many people that were sued by the RIAA for downloading mp3s thought they would never get caught either. The same for many of the people sued by the MPAA. Certain artists are much more likely to sue than others as well. It really just depends. Percentage wise you probably won't get sued, but if you do it will cost you way more than you would make with such a video.
     
    bluegrass special, Feb 1, 2008 IP
  5. gartar

    gartar Peon

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    #5
    OK, thanks

    but is it true that every video, that is on youtube is copywrited.

    I mean is there a videos that are not copywrited, and does it mean I can reupload them, with my link?
     
    gartar, Feb 2, 2008 IP
  6. bluegrass special

    bluegrass special Peon

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    #6
    Every video that is on YouTube is copyrighted. However, if the video was uploaded by the copyright holder and they agreed to have the embed code visible then they are fine to use on your site so long as you comply with YouTube's rules. That is because the copyright holder agreed to that when they uploaded the video. If the video was not uploaded by the copyright holder (say somebody tapes a UFC fight and uploads it) then that person had no authority to agreed to have it distributed in the first place so that video is not okay to use.
     
    bluegrass special, Feb 3, 2008 IP
  7. gartar

    gartar Peon

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    #7
    Thank you

    very helpful
     
    gartar, Feb 3, 2008 IP