YouTube - Use of Videos

[rbowen]

I'm new to IM & I'd like to understand what I'm permitted to do with other people's videos on YouTube.

I've read the YouTubes terms of usue, and it seems like they say, on the one hand, you can't use stuff on the YouTube site ... except as defined under "Submissions", but on the other hand (in "Submissions"), they say that when you submit a video you grant not only YouTube but YouTube users - like me - a license to use their videos. Confusing - for non-lawyers and newbie IM'ers like me. (lol)

Can I download them and/or place their URls on my web site or blog?

Can I do so if I put them on a section of by site that does not directly have ads (even though I'd have affiliate ads elsewhere on the site)?

Can I do so even though the video has a copyright notice?

Is there a direct link to You Tubes FAQs?

Thanks,
Richard

[Kurt]

Embed them in your pages, using the embed code given on each youtube video's page. The videos will appear on your pages and you control what stuff you put around the videos.

The owner/submitter of the video does has the option to not allow other sites to embed their videos, but this is pretty rare.

[Craig Fenton]

Hi Richard:

YouTube has gotten more and more restrictive (thanks to tremendous pressure from record company's) the past couple of years.

There are laws and also ethics. You can not use copyrighted material without written consent. That has been a United States law for ages.

Even if a video doesn't contain a song, poem, or sports emblem, it is proper to ask for permission to use any contents. I used to post (with artist approval) rare music on YouTube and several times people took my entire video without permission and used it for their own purposes. I didn't even get a thanks.

Although it may be the slower way, always take the proper way and it will help in the long run. Good luck and hope all goals are realized!

[Kurt]

Originally Posted by Craig Fenton

Hi Richard:

YouTube has gotten more and more restrictive (thanks to tremendous pressure from record company's) the past couple of years.

There are laws and also ethics. You can not use copyrighted material without written consent. That has been a United States law for ages.

Even if a video doesn't contain a song, poem, or sports emblem, it is proper to ask for permission to use any contents. I used to post (with artist approval) rare music on YouTube and several times people took my entire video without permission and used it for their own purposes. I didn't even get a thanks.

Although it may be the slower way, always take the proper way and it will help in the long run. Good luck and hope all goals are realized!

When a person agrees to YouTube's TOS when creating an account, they agree to let other sites embed their videos, or they can use the "don't allow embedding" option.

Of course, there is a concern that the video contains material that the person uploading doesn't own.

However, asking for permission when it's already granted is a waste of time a resources for both parties.

Here's a video embedded on this forum thread explaining how to embed videos in WordPress:

YouTube - Embed YouTube Video into WordPress Post

Again, the owner of the video controls whether they want to allow other sites to embed the video or not, and they can change this at any time. By allowing embedding, they are giving permission since they agreed to Google's TOS.

[rbowen]

Thanks, Guys (Kurt & Chris)! Very helpful. Not to put too fine a point on it, but I'd like to pursue it a little further.

I've been told you can - not "may", necessarily", but "can" - remove a URL that might be displayed in the video.

1) As to the "can" part: How? With something like PhotoShop (and if so, can you recommend a less expensive & less complicated bit of software)?

2) As to the "may" part: Does that create any kind of "legal" or "ethical" issues with either the video creator or YouTube itself?

(Chris: I appreciate the suggestion of just asking them - which I might well do - but while I generally come down on the side of ethics, I can also relate to Kurt's point: sometimes pragmatism wins out - especially when I might be very busy or the guy never responds to my request for permission ... as long as you can rightfully assume or infer permission - by virtue of their having posted the video to YT with the 'embedded code' activated or enabled.)

3) Speaking of implicit permission: Does it matter whether the video creator nonetheless put a copyright notice on the video (even though he posted it to YT and enabled or allowed the embedded code)?

4) And does it matter whether the visitor's site (my site) - the one using the video - is used for affiliate marketing? (Someone told me you can't use a YT video for commercial purposes, but someone else told me it's OK as long as it's not on the same page that promotes the affili product, like in a different section of your blog or whatever.)


Thanks,
Richard

[Kurt]

Originally Posted by rbowen

Thanks, Guys (Kurt & Chris)! Very helpful. Not to put too fine a point on it, but I'd like to pursue it a little further.

I've been told you can - not "may", necessarily", but "can" - remove a URL that might be displayed in the video.

1) As to the "can" part: How? With something like PhotoShop (and if so, can you recommend a less expensive & less complicated bit of software)?

2) As to the "may" part: Does that create any kind of "legal" or "ethical" issues with either the video creator or YouTube itself?

(Chris: I appreciate the suggestion of just asking them - which I might well do - but while I generally come down on the side of ethics, I can also relate to Kurt's point: sometimes pragmatism wins out - especially when I might be very busy or the guy never responds to my request for permission ... as long as you can rightfully assume or infer permission - by virtue of their having posted the video to YT with the 'embedded code' activated or enabled.)

3) Speaking of implicit permission: Does it matter whether the video creator nonetheless put a copyright notice on the video (even though he posted it to YT and enabled or allowed the embedded code)?

4) And does it matter whether the visitor's site (my site) - the one using the video - is used for affiliate marketing? (Someone told me you can't use a YT video for commercial purposes, but someone else told me it's OK as long as it's not on the same page that promotes the affili product, like in a different section of your blog or whatever.)


Thanks,
Richard

Using and changing are two totally different things. "Fair use" is letting you embed the video on your site, as that's the TOS on Youtube. Once you start changing their video, you'r running into serious copyright issues.

By letting you use the video on your site, the owner still maintains all copyrights, and you still need to exercise "fair use".

Don't confuse my opinion above with saying you can do anything you want with any video on youtube, you can't. I merely stated you can use it (as is). Anything other than that and you better get permission from the owner.

[BrianMcLeod]

Why is this so difficult for folks to understand?

If you want to use someone else's video that they've posted on youtube, you didn't create it.

If you didn't create it, you can't just download it, alter it, then re-upload it as yours.

If you want to display someone else's video that they've posted on youtube and the creator has chosen to enable embedding for that video, you are free to use the given embed code or link to put their copyrighted video on your copyrighted blog, your copyrighted sales page, whatever.

You cannot EVER legally strip a URL or copyright notice from someone else's video in order to use it for yourself. This should be COMMON SENSE.

If you created it and uploaded originally, you can do whatever you want.

If you DOWNLOADED it, you cannot alter, edit, or republish that video without permission.

If you DO and the owner finds out... at a bare minimum, your account can be yanked at YT and/or your webhost. At worst, you can be SUED and all the evidence the copyright holder needs is very publicly available. Dumb and dumber.

If you steal youtube videos because you're too incompetent, cheap, or lazy to create your own -- you can expect to eventually run into a brick wall. Sorta like driving drunk...

"I'm not gonna get caught... I'm fine...." (WHAM!)

Good luck,

Brian <-- can whip out my DMCA faster than you can say "fair use"

[astevn816]

Originally Posted by BrianMcLeod

Why is this so difficult for folks to understand?

If you want to use someone else's video that they've posted on youtube, you didn't create it.

If you didn't create it, you can't just download it, alter it, then re-upload it as yours.

If you want to display someone else's video that they've posted on youtube and the creator has chosen to enable embedding for that video, you are free to use the given embed code or link to put their copyrighted video on your copyrighted blog, your copyrighted sales page, whatever.

You cannot EVER legally strip a URL or copyright notice from someone else's video in order to use it for yourself. This should be COMMON SENSE.

If you created it and uploaded originally, you can do whatever you want.

If you DOWNLOADED it, you cannot alter, edit, or republish that video without permission.

If you DO and the owner finds out... at a bare minimum, your account can be yanked at YT and/or your webhost. At worst, you can be SUED and all the evidence the copyright holder needs is very publicly available. Dumb and dumber.

If you steal youtube videos because you're too incompetent, cheap, or lazy to create your own -- you can expect to eventually run into a brick wall. Sorta like driving drunk...

"I'm not gonna get caught... I'm fine...." (WHAM!)

Good luck,

Brian <-- can whip out my DMCA faster than you can say "fair use"

Just use Youtube's enbed code do not alter anything about the video.