Youtube and copyright

[Jon12345]

If I find a Youtube video that I really like, can I download it or embed it on my website, or do I need the creators permission?

Thanks,

Jon

[patJ]

You don't have to ask anyone. Look to the right of the video. There's some html code there.. copy the code and paste it on your site. Voila!

[Daredevil Marketing]

Originally Posted by patJ

You don't have to ask anyone. Look to the right of the video. There's some html code there.. copy the code and paste it on your site. Voila!

Exactly. As long as the publisher of the video didn't disable the embedding function, you're in the clear to embed that video on your page.

The one recent exception to this is the "geniuses" at AP that are fighting the viral nature of YouTube (thus shooting themselves in the foot, if you ask me) by attacking anyone that embeds their videos.

My prediction is that someone will eventually pull these execs aside and school them on just how stupid and childish they're being ~or~ they will just disable embedding for their videos. Which is something they should have been doing all along. Doh!

-DareDevil

[CliveG]

If you embed a video that someone uploaded without the permission of the copyright holder you could be in trouble. In most jurisdictions you cannot rely on the fact that you did not know that you did not have permission.

[kindsvater]

CliveG:

If you don't mind, I want to expand on your post a little more.

If you post a video on Youtube through the Yourtube terms you are giving permission for others to embed your video on their website, unless you disable embedding.

You are not giving permission for someone to download your video, add their links, then upload it back to Youtube.

Now, assume - hypothetically - that a movie studio does not want their Harry Potter movie trailer available on Youtube.

Adam illegally copies the Harry Potter movie trailer and posts it on Youtube.

Brandy embeds Adam's Youtube video on her website.

Can Brandy be sued for copyright infringement?

Yes.

The legal rationale is that there has to be a mechanism for the movie studio to force someone to remove copyrighted material from their website. Thus, the movie studio could obtain a court injunction forcing Brandy to take down the video.

As an 'innocent infringer' Brandy would only be subject to an injunction and not subject to paying money damages.

Adam is subject to paying money damages.

Of course, if Brandy received a request from the movie studio to remove the video and she refused, then she may no longer be considered an innocent infringer.

[Steven Carl Kelly]

In addition, downloading videos from YouTube is a violation of their TOS.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the YouTube Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by YouTube on the YouTube Website for that User Submission.

[Sylviane]

If you post a video on your tube to your blog...etc... without altering anything about the video or links, it's like adding an article to your blog that belongs to someone else, without altering the links and authors name. Nothing wrong with this at all. It actually serves the author.

[kindsvater]

Originally Posted by Sylviane

If you post a video on your tube to your blog...etc... without altering anything about the video or links, it's like adding an article to your blog that belongs to someone else, without altering the links and authors name. Nothing wrong with this at all. It actually serves the author.

Sylviane - I see you're new to the forum, but that is flat wrong.

Just because you think you're helping someone else is not a defense to a copyright infringement claim.

It could be hurting the author in many ways: duplicate content, less traffic and money to their website, or they simply don't want their article on someone else's website.

You could, for instance, copy the New York Times' articles each day to your blog - keeping all links and names intact. Feel free to send me a copy of the cease and desist notice you'll receive so I can add it to my collection. lol

[asifkhalil]

You can put videos on your site from Youtube if video owner allow others to get embedded code.

If any video owner not want to allow video for other web sites then video owner can not allow embedded code, so if code is active you can place video on your site and if not then no one can put video on their sites.

So all depends on owner/creator permission.

[Istvan Horvath]

@kindsvater

Or maybe she was referring to articles published in article directories (like EZA) in which case it is perfectly legal to re-publish an article on your own site together with the toolbox and a clickable source URL.
See: Terms of Service For Publishers Who Wish To Reprint Any Content From EzineArticles.com

[Robyn8243]

I think the point Kindsvater is making is that just because you
find something on Youtube, does not mean that the person who
uploaded to Youtube had the legal authority to do so.

If I go to a brand new Movie and sneak in my camcorder, or
just buy a bootleg DVD in NYC, and upload it on Youtube,
you cannot legally put it on your website just because its on
Youtube.

Not everything on Youtube is owned by the people uploading it.

Robyn

[ezeey]

I don't think there is anything wrong with using peoples videos, the whole point of YouTube is to share videos to people all over the web, And if you do add a copyrighted video to your blog that someone else uploaded thats not your fault and no legal issues will come your way..

[LoganW82]

As far as I know you can embed the video BUT the rights (including copyright still stays with the author).

[lumpy burgertushie]

Not to step on anyone's toes here, but.....

as far as I know, none of the previous posters are lawyers and therefore, any advice you get here about these types of legal matters should be taken for what they are.
someone's opinion.

If you need legal advice you should seek it from qualified people.
copyright laws are different around the world so something that is legal in the states might not be legal in the UK etc. etc.
It is always best to read the TOS for the sites in question and follow their rules etc.

luck,
robert

[Allurre]

According to what you're doing, you're fine. There's a reason why Youtube allows people to embed VIDEOS... VIRAL MARKETING.

[CliveG]

Despite what others have said here, I stand by my original post (explained better by kindsvater): "If you embed a video that someone uploaded without the permission of the copyright holder you could be in trouble".

However, if you are sensible about what you embed (i.e., avoid anything that is clearly posted without the permission of the copyright holder) you will probably be OK - that is how Youtube works.

[Kim Standerline]

Err Robert

Kindsvator is a lawyer (and an extremely good one at that) who is well versed in IM law, so I think we can safely assume he knows what he is talking about!

Originally Posted by lumpy burgertushie

as far as I know, none of the previous posters are lawyers and therefore, any advice you get here about these types of legal matters should be taken for what they are.
someone's opinion.

robert