Content Curation V.S. "Theft"

14 replies
Hello!

I was wondering how underhanded it would be to write a short summary of a technique that i wanted to teach to readers in my blog, but instead of using my own video that i created, embed the youtube video of another person doing a demonstration of my technique, hence saving me the time it takes to create the video...

I believe Google does not penalize duplicate videos floating on the internet, only duplicate content, and i suspect this method i just described is known to the majority of people with the names of <content curation> , <content aggregation>, <news aggregation> etc...

Any tips to offer? Examples of prominent blogs doing this would be much appreciated too:-)
#underhanded
  • Profile picture of the author troy23
    I think it would be fine.
    Plenty of ebay sellers do that especially the car related adverts.
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  • Profile picture of the author dynamyt100
    Morally shocking but good business sense. save time and money.
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by DesmondTan View Post

    i suspect this method i just described is known to the majority of people with the names of <content curation> , <content aggregation>, <news aggregation> etc...
    To some, perhaps. But many of us just refer to it as what it really is: "theft".

    (Well, I suppose it's only your own domain-registration, hosting provision, internet connection and so on that you'd be putting in jeopardy when people start serving DMCA site take-down notices on your host, etc. - not anyone else's. It may also help you to have deep pockets and a good lawyer, though.)
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    • Profile picture of the author DesmondTan
      Originally Posted by Alexa Smith View Post

      To some, perhaps. But many of us just refer to it as what it really is: "theft".

      (Well, I suppose it's only your own domain-registration, hosting provision, internet connection and so on that you'd be putting in jeopardy when people start serving DMCA site take-down notices on your host, etc. - not anyone else's. It may also help you to have deep pockets and a good lawyer, though.)

      No offense, but how would it be "theft"?

      The video when clicked goes to the YouTube video page where the original content uploader is acknowledged, the channel is his, the video is his, i am simply using a popular term called "sharing" his content (The same kind of sharing when i click Like on a Facebook post)

      I think you may be confusing this with downloading the video before uploading the video to my own account under my own name and publishing the video as mine.

      Embedding and stealing are two different things.

      If embedding videos were illegal why does Youtube have a sharing button under every video?
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      • Profile picture of the author Alexa Smith
        Banned
        Originally Posted by DesmondTan View Post

        Embedding and stealing are two different things.
        Is this necessarily so?

        If so, then certainly I apologise, Desmond. I was under the impression that doing what you suggested for any reasons connected with commercial exploitation was contrary to YouTube's terms of service. However, I didn't actually check this before I posted, and I ought to have done, in the circumstances. Please excuse me, if that's so. :rolleyes:

        Originally Posted by DesmondTan View Post

        If embedding videos were illegal why does Youtube have a sharing button under every video?
        I thought it was "illegal" (i.e. contrary to their TOS) only under some circumstances, just the same as taking content from an article directory can be under some circumstances, defined within the TOS of each - and that this was fairly clearly one of those circumstances? I may be entirely mistaken! (But if if were that clear, why did you feel the need to ask?!).
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        • Profile picture of the author JohnMcCabe
          Originally Posted by Alexa Smith View Post

          To some, perhaps. But many of us just refer to it as what it really is: "theft".

          (Well, I suppose it's only your own domain-registration, hosting provision, internet connection and so on that you'd be putting in jeopardy when people start serving DMCA site take-down notices on your host, etc. - not anyone else's. It may also help you to have deep pockets and a good lawyer, though.)
          Embedding a YouTube video in a blog post using the embed code provided by YouTube isn't theft. That's what the embed code is there for.

          As for the use Desmond proposed, my reading of the TOS, FWIW, looks like he's in the clear if he does it the way he describes it. YouTube seems to take a more liberal definition of "commercial use" than many here.

          A lot of people define "commercial use" as any application where someone might possibly earn money at some point. YT prohibits selling access to videos, as in possibly content locking them or similar.

          If they disallowed any use for which someone might make money, they'd have to clear out hundreds of thousands of videos uploaded by commercial companies and then embedded on their own sites.

          I'm not an IP attorney, but I am one of those rare people who do read TOS. To me, it's kind of like playing golf; you can "get away with" an awful lot if you know the rules and how to benefit from them.
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          • Profile picture of the author Alexa Smith
            Banned
            Originally Posted by JohnMcCabe View Post

            YouTube seems to take a more liberal definition of "commercial use" than many here.
            Thank you, John - I had not appreciated that!

            Apologies, Desmond - this will clearly be correct, and my post here was doubtless entirely mistaken: please excuse me. :rolleyes:
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          • Profile picture of the author writeaway
            Originally Posted by JohnMcCabe View Post

            Embedding a YouTube video in a blog post using the embed code provided by YouTube isn't theft. That's what the embed code is there for.

            As for the use Desmond proposed, my reading of the TOS, FWIW, looks like he's in the clear if he does it the way he describes it. YouTube seems to take a more liberal definition of "commercial use" than many here.

            A lot of people define "commercial use" as any application where someone might possibly earn money at some point. YT prohibits selling access to videos, as in possibly content locking them or similar.

            If they disallowed any use for which someone might make money, they'd have to clear out hundreds of thousands of videos uploaded by commercial companies and then embedded on their own sites.

            I'm not an IP attorney, but I am one of those rare people who do read TOS. To me, it's kind of like playing golf; you can "get away with" an awful lot if you know the rules and how to benefit from them.
            As usual, excellent analysis, John. Moreover, video uploaders to YT know full well they can disable embeds. Allowing embedding as well as benefiting from click through traffic (and enjoying branding benefits through watermarking) tends to minimize the whole 'theft' argument. Indeed, this arrangement can result in a WIN-WIN-WIN situation. The video maker/uploader wins due to more branding and/or direct YT page traffic opportunity. The syndicator wins due to lower content costs. The end user wins because he or she gets relevant content.

            I understand why people would gripe though. It's all about the TOTALITY of the syndicator's use. Just based on the parameters set by OP, you are, as usual, right on.
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            • Profile picture of the author Steve B
              Desmond,

              Would it be so hard to outsource your video creation and produce some original content? Not really.

              There are freelancers and folks right here on the WF that will produce a YouTube video of decent quality for very reasonable prices.

              Having your own original video up on YouTube would then allow you to draw traffic to your own site, a great benefit that you won't get from "sharing" someone else's video.

              In the long run, having your own video will
              1. Circumvent any legal troubles that sharing might present
              2. Give you the solution to having a training video you can use anywhere
              3. Act as a traffic drawing magnet to your site
              4. Give you some original content that will get you backlinks
              It's a no-brainer, in my opinion.

              Good luck to you,

              Steve
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  • Profile picture of the author brentb
    I hate to say it but in terms of 'realistic expectations' from my experience owning a digital content protection, licensing and selling business, even if you illegally use content (even for commercial use) as long as you aren't directly selling it (just like Youtubes TOS), and you provide a proper and responsive way to handle DMCA, your chances that you will experience any legal issue are small, and if you do, they are often not severe. That is just how the industry and legal climate is online regarding this.

    I personally wouldn't give a second thought to putting someones Youtube video on my page, due to Youtubes TOS. By uploading your video you are agreeing that people have the right to embed it according to youtubes rules. If you don't want people to do this, host the video on your own server or somewhere else where they do not allow this.

    *Note I am not a lawyer, this isn't legal advice and I don't recommend you steal peoples content.
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  • Profile picture of the author jgant
    Interesting question. I have a video another blogger is using as the preselling video in his product review. I bought the product and did a full 15 minute backend overview etc. Now other bloggers in my niche use it instead of buying the product and making their own video.

    Do I care? No. If I did care I wouldn't have uploaded it to YouTube.

    I've used YT videos to enhance content on my site where someone does a great job demonstrating something or explaining something. Video creator gets more views and subscribers, my readers get more info, and I create more comprehensive content. Win win win.
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  • Profile picture of the author teresarothaar
    I'm in the camp that feels, despite what the law dictates, if you would have a problem with your YouTube video being used on other people's sites--commercial or not--you should not put your videos on YouTube, or at least disable the embed function. Period. Once you put a video on YouTube and allow others to embed it in their sites, you have zero control over what happens to it next.

    Yes, you can sue, but filing lawsuits isn't free. Even paying lawyers to send cease-and-desist letters is not free. Additionally, the individual you sue may not have a pot to urinate in or a window to throw it out of. So you're out the money for filing the lawsuit, and your chances of ever collecting on your judgement are between slim, none, and nothing. I worked as a legal secretary/paralegal for awhile. I saw how the system works. I saw plaintiffs' lives consumed by litigation, and I saw them throw good money after bad in order to prove a "point" that meant absolutely nothing at the end. I avoid lawsuits, courts, and lawyers like the plague.

    To me, it's not about the law, or right or wrong, or what people "should" do in an ideal world. Ideally, nobody should steal my car, even if I leave it unlocked, with the keys in the ignition. But I don't leave the car unlocked with the keys inside, because I realize that I don't live in a perfect world where everyone behaves and nobody ever does bad things. I take reasonable steps to protect myself and my property.
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    • Profile picture of the author SunilTanna
      Originally Posted by teresarothaar View Post

      Yes, you can sue, but filing lawsuits isn't free. Even paying lawyers to send cease-and-desist letters is not free. Additionally, the individual you sue may not have a pot to urinate in or a window to throw it out of. So you're out the money for filing the lawsuit, and your chances of ever collecting on your judgement are between slim, none, and nothing. I worked as a legal secretary/paralegal for awhile. I saw how the system works. I saw plaintiffs' lives consumed by litigation, and I saw them throw good money after bad in order to prove a "point" that meant absolutely nothing at the end. I avoid lawsuits, courts, and lawyers like the plague.

      To me, it's not about the law, or right or wrong, or what people "should" do in an ideal world. Ideally, nobody should steal my car, even if I leave it unlocked, with the keys in the ignition. But I don't leave the car unlocked with the keys inside, because I realize that I don't live in a perfect world where everyone behaves and nobody ever does bad things. I take reasonable steps to protect myself and my property.
      Hold on a minute. Let's clarify something...

      If somebody puts a video on YouTube, they are giving permission for people to view it YouTube. And if they choose to allow embedding, they are giving permission to people to embed it (subject to the person complying with terms of YouTube).

      Somebody who takes advantage of the permission that was given to them is not doing something immoral or illegal.

      If you dont want people doing something, don't give them permission to do it.
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  • Profile picture of the author UnkwnUsr
    This is not theft at all by embedding the video you're actually creating a link to that video on youtube. The more embeds a video has the higher it will rank in Google. So I wouldn't see anyone complaining about getting embeds. Now what you should do is make sure that you don't take credit for the video but mention that you found it on youtube.
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