Are You Tube Videos Private Property? (can I use them)

[Christian Fox]

Anyone know for sure if I can use videos from YouTube for marketing work?

I know for example all pics hosted on flikr are fair game.

Is YouTube the same?

[Emmanuel Betinis]

I would think so because just like keeping an article resource box intact the YouTube video also has it's own "resource box" built into it (ie. when you click on it you're brought to the video and the creator's profile). And plus I would WANT people to use my YouTube videos - it's syndication, baby!

[Emmanuel Betinis]

Also, you may want to check out YouTube - Broadcast Yourself.


...and I quote from the Privacy Policy link above:

Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others.

Bam. There ya go. They're publicly usable!

[Dan C. Rinnert]

Originally Posted by anapest

Bam. There ya go. They're publicly usable!

Not quite. You're looking at their Privacy Policy, not their Terms of Use.

Here is what their ToS says:

"D. You agree not to use the Website, including the YouTube Embeddable Player for any commercial use, without the prior written authorization of YouTube."

Here's the link: YouTube - Broadcast Yourself.

[Lance K]

I'm no lawyer (don't even play one on TV), but I'd get a professional legal interpretation of that Privacy Policy before I used the information commercially.

Originally Posted by anapest

Also, you may want to check out YouTube - Broadcast Yourself.


...and I quote from the Privacy Policy link above:

Content Uploaded to Site. Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your playback or profile pages, etc.) becomes publicly available and can be collected and used by others.


Bam. There ya go. They're publicly usable!

[mscopeland]

Christian,

You are gravely mistaken to think that all photos hosted on Flikr are "fair game". I'm not sure where you received your information but whoever gave it to you is totally incorrect!

The ONLY photos you can use from Flikr, are those under Creative Commons license or if you get permission. You would then have to follow the rules of the agreement or that CC license.

Basically, if you're marketing with those photos, then that would constitute as business or corporate use. Many of the images on flikr do not allow that. But again, you'll have to check each image's CC license.

As far as YouTube, each person who uploads a video there, the video is technically copyrighted by the uploader (unless they are performing copyright infringement). You would have to get permission of the person to use their videos.

However, if you just embed the video, then it's fine. But if you download their video, change it, and up it as your own, that is illegal, 100%.

Originally Posted by Christian Fox

Anyone know for sure if I can use videos from YouTube for marketing work?

I know for example all pics hosted on flikr are fair game.

Is YouTube the same?

[Michael Oksa]

Ask a lawyer. Even if someone here thinks they "know for sure", that doesn't mean they are correct.

Are you sure ALL pictures at Flickr are "fair game" for any purpose? As far as I know you can't grab an image from there and use it on an ebook cover, for example.

Once you start trying to profit from someone else's work, it creates a different set of rules.

Be careful of what you assume, it could land you in a lot of unexpcted trouble.

Of course, I could be wrong...so, check with a lawyer if you want to be on the safe side.

All the best,
Michael

[tj]

Originally Posted by Christian Fox

Anyone know for sure if I can use videos from YouTube for marketing work?

I know for example all pics hosted on flikr are fair game.

Is YouTube the same?

Everyone can post images/ pictures etc. on Flickr - even copyrighted images. So you have to find out if the pictures you want to use is copyrighted or not. For THEY are NOT fair game. That is a misunderstanding from your side. The same counts for videos on YouTube - they are copyright protected even you can see them in public.

Timo

[Dan C. Rinnert]

Originally Posted by Michael Oksa

Of course, I could be wrong...so, check with a lawyer if you want to be on the safe side.

Or buy a Flip. Probably much cheaper than a lawyer.

[Dan C. Rinnert]

Originally Posted by anapest

I've seen many websites out there by affiliates, however, using YouTube videos on their site from many different YouTube profiles to give their user more information about a product or service. They must not know they're breaking the rules then, I guess.

A lot of people don't know they're violating copyrights... There are still a lot of people still under the impression that anything on the Internet is "public domain."

[BrianMcLeod]

Videos posted to YouTube are the intellectual property of the person who creates and uploads them -- they are NOT public domain.

You can embed youtube videos using the code generated by youtube wherever you like -- assuming the the owner enables embedding.

You CANNOT download a video then repurpose it, chop it up, add your URL, or use it elsewhere without permission of the creator of the video.

Hope this helps (stop some of the rampant YT theft)

Brian

[Michael Oksa]

While this is a topic worth discussing, I get the impression that some will read this looking for justification, instead of wanting to hear that they should consult a qualified legal professional.

It is a legal issue.

If there is confusion over the TOS, then only a lawyer can help. And I bet you could lawyers who would argue for either side.

However, from what I've seen....

Any video content that you voluntarily disclose online becomes publicly available and can be collected and used by others.

...doesn't mean you can use it how you like. It doesn't say you can edit, or claim authorship. Just that it can be "collected and used by others".

One of the things I have seen some people recommend is that you take a popular YouTube video, then add your URL to it. Anybody that does that is unethical, no matter how they try to justify it.

All the best,
Michael

[JohnMcCabe]

Originally Posted by anapest

Any video content that you voluntarily disclose online becomes publicly available and can be collected and used by others.

I'm not lawyer either, but that's pretty straight-forward, isn't it? After reading it again (just woke up) how could it be a problem embedding someone else's video on your site?

It's like using someone else's article, isn't it? Afterall, that's syndication, baby - something I would WANT to happen to my videos.

You are confusing ability with permission.

If my neighbor leaves his door unlocked, scratch that...

If my neighbor leaves his lawnmower out in his yard, in plain sight:

I can take his mower and use it as I please. I do not have permission to do so, unless my neighbor explicitly tells me I do.

All that privacy policy says is that if you post something, you are leaving it in the yard where someone might steal it.

[mscopeland]

As a filmmaker I have researched this A LOT and HAVE spoken to lawyers. One thing that they'll tell you is that every instance is different.

Some people think there is a "6 second rule" when it comes to music. They think they can use 6 seconds of any song legally. WRONG! That's still copright infringement there.

Mike's right, this is best answered by a lawyer.

I never asked mine specifically about YouTube, so everything I've said here is from experience and shouldn't be construed as legal advice.

Unless someone in this thread IS a lawyer, all of this information could not be used in a court of law when you are sued for copyright infringement, and the slew of other charges that go along with that.

When in doubt, throw it out... Or in this case, DON'T USE IT!

Like what was said above.... Get a Flip or ask someone with the video skills to JV with you. They provide the video for a share in the profit.

[Andrew Maule]

Not unless you have permission

[McKay]

You can use YouTube videos as long as they are not for a commercial nature.

If you package 20 YouTube videos together (by themselves) on the topic of "weight loss" and sell the 20 videos (only) then you are breaking the terms.

If you build a 20 page weight loss niche site that happens to include YouTube video content... you can sell the 20 page niche site.

At least last year when I emailed YouTube that was the response I received.

Hope this helps!

McKay

[Emmanuel Betinis]

Originally Posted by martinact420

You cannot sell youtube videos, but you can freely use them on your websites

Well that's what I was saying earlier I thought (when I quoted the Privacy Policy way up)...okay now I'm confused again. Heh.

[mscopeland]

Are we to assume you followed their TOS and just used the embed code on that site?

If so, then you're not stealing anything and it would be legal.

Originally Posted by McKay

If you build a 20 page weight loss niche site that happens to include YouTube video content... you can sell the 20 page niche site.

At least last year when I emailed YouTube that was the response I received.

Hope this helps!

McKay

[Emmanuel Betinis]

Originally Posted by mscopeland

Are we to assume you followed their TOS and just used the embed code on that site?

Yes, that's what I meant and was implying throughout this post.

[BrianMcLeod]

This is not a complex legal question...

If you are embedding a YouTube video, you are not stealing it. You are syndicating it. Just like I can embed a YouTube video in this post freely.

What you CANNOT do is download that video, then re-upload it to your own server or back to YouTube (or another video service).

You cannot download a video from Youtube then republish it as your own -- even if you change or add parts to it. The original content is the property of the creator.

Here's YouTube's Copyright Infringement Policy

YouTube - Broadcast Yourself.

and here's YouTube's tips on copyright:

YouTube - Broadcast Yourself.

1) If you created it, you can do whatever you want with it.

2) If you downloaded it, you didn't create it*.

3) If you didn't create it, you can't use it without permission.

Simple, no?

This isn't legal advice, this is basic common sense.

Here's the law straight from the horse's... mouth:

U.S. Copyright Office - Frequently Asked Questions

* And to head off any potential "but... what about PLR?"...

If you obtained the rights to republish the content, there's no discussion to have... You own it, same as if you created it... See #1

Best to all,

Brian

[mscopeland]

Originally Posted by LoudMac

This is not a complex legal question...



1) If you created it, you can do whatever you want with it.

2) If you downloaded it, you didn't create it*.

3) If you didn't create it, you can't use it without permission.

Simple, no?

This isn't legal advice, this is basic common sense.

Here's the law straight from the horse's... mouth:

U.S. Copyright Office - Frequently Asked Questions

* And to head off any potential "but... what about PLR?"...

If you obtained the rights to republish the content, there's no discussion to have... You own it, same as if you created it... See #1

Best to all,

Brian

lol, nice one Brian!

[Christian Fox]

Christian,

You are gravely mistaken to think that all photos hosted on Flikr are "fair game". I'm not sure where you received your information but whoever gave it to you is totally incorrect!

Actually, Kim Kommando said it on her radio show a few weeks back...

It is nationally syndicated, lots of misinformed people out there now.

[forous]

Check with a lawyer to be on the safer side and search online or try legal zoom. They are pretty reasonable.

[mscopeland]

WOW! You're right, that is very unfortunate!

I'll see if I can contact her to see if she can somehow do a retraction.

Originally Posted by Christian Fox

Actually, Kim Kommando said it on her radio show a few weeks back...

It is nationally syndicated, lots of misinformed people out there now.

[mscopeland]

Hey Christian, Do you know what day or which show that was? I sent communication to her team, but would like to know if that's at all possible.. Please let me know.

Originally Posted by Christian Fox

Actually, Kim Kommando said it on her radio show a few weeks back...

It is nationally syndicated, lots of misinformed people out there now.

[artwebster]

Just a little aside on this discussion.

I see people talking about 'copyrighted' material as though it is something different from other material - this is a very dangerous attitude to have.

Any intelectual material, created by anybody, automatically becomes the copyright of the creator. Copyright does not have to be registered, it comes with the creative process.

If anybody wants to be able to prove the copyright ownership of, say, an article, all he/she needs to do is post a copy of the article to him/herself via recorded snail mail and retain the package, un-opened.

Should he/she need to prove copyright ownership in the future, the unopened package will be the prime evidence in an inquiry and will be presented, still un-opened, to the relevant judicial or regulatory body and opened in the presence of your legal representative.

The internet is a public domain but its contents are, for the most part, NOT public domain material.

[mscopeland]

Originally Posted by artwebster

If anybody wants to be able to prove the copyright ownership of, say, an article, all he/she needs to do is post a copy of the article to him/herself via recorded snail mail and retain the package, un-opened.

Should he/she need to prove copyright ownership in the future, the unopened package will be the prime evidence in an inquiry and will be presented, still un-opened, to the relevant judicial or regulatory body and opened in the presence of your legal representative.

I agree with everything you said except for the part quoted.

I, personally, was involved in a court case years ago where this form of "proof" was used. The judge said this type of proving copyright is inadmissible in court.

I was there when the intellectual property was created. Someone took it, and sold it to the tune of over 6 figures. We sued that person and lost, because it was not registered with the copyright office.

When it was created, instead of paying the $35 to the Copyright office, we mailed it to ourselves for $3.50.

$3.50 cost us $360,000.

$35 could have meant $360,000.

But you are right though... anything you create is technically copyrighted by you. Proving it in a court of law.. that's a different story.

[Martin Luxton]

Originally Posted by LoudMac

Videos posted to YouTube are the intellectual property of the person who creates and uploads them -- they are NOT public domain.

Brian

Brian,

Just a little clarification.

On Youtube the person who created the original content and the person who uploaded it are often not one and the same. Many Youtubers are taking other people's stuff and uploading it as their own. You could ask the uploader for permission to use the video, but if the original footage is not theirs you could be in big trouble.

Martin

[Dayne Dylan]

Do you think I could do this?

As a bonus to an ebook, I want to give people access to part of my website where I have collected 20 of the best YouTube videos on a niche. I will say something like...

"Purchase your copy today and you will get access to 20 TOP PICK video's on how to xyz".

So I am not making a product out of the videos or anything, I'm just gathering them, on a webpage, and giving people access to the collection.

Any harm in that you think?

[BrianMcLeod]

Originally Posted by Martin Luxton

Brian,

Just a little clarification.

On Youtube the person who created the original content and the person who uploaded it are often not one and the same.

I think you misread what I wrote, Martin. That's exactly my point.

Many Youtubers are taking other people's stuff and uploading it as their own. You could ask the uploader for permission to use the video, but if the original footage is not theirs you could be in big trouble.

Martin

I think you replied to my first post but haven't gotten to my second post yet. ; )

We are in full agreement here.

Best,

Brian

[mscopeland]

Originally Posted by Dayne Dylan

Do you think I could do this?

As a bonus to an ebook, I want to give people access to part of my website where I have collected 20 of the best YouTube videos on a niche. I will say something like...

"Purchase your copy today and you will get access to 20 TOP PICK video's on how to xyz".

So I am not making a product out of the videos or anything, I'm just gathering them, on a webpage, and giving people access to the collection.

Any harm in that you think?

As long as you just use the Embed code from YouTube and don't download and alter them, then you'd be under the TOS of YouTube and OK in my eyes. However, I'm no lawyer.

[Dayne Dylan]

Yes, I would just embed all them in a single webpage. I'm not actually selling the videos, just promising access to videos on the subject as a small bonus.

[mscopeland]

Pretty good idea if you ask me! Let me know how it goes!

Originally Posted by Dayne Dylan

Yes, I would just embed all them in a single webpage. I'm not actually selling the videos, just promising access to videos on the subject as a small bonus.