Video Marketing using other People's Videos

by 39 replies
47
I've seen websites with all the Crazy Cat videos found on YouTube, and similar examples where a site features videos CLEARLY not made by the site owners.

Is this considered Video marketing? Isn't it illegal if you don't get the owners permission?

Here's a bit a sales copy I found for some product out there:

(we know the rest )

What's the deal with Video Marketing using Other People's Stuff?
#main internet marketing discussion forum #marketing #people #video #videos
  • it's kinda tricky. if there is no copyright on it then I think its fair game.

    Just make sure it doesn't have any copyright stuff on it.

    I have a technique I use called video swiping that I use just to simply
    drive traffic...

    Joey k.
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    • [2] replies
    • Joey,There's nothing tricky about it. Everything that's on a video site is copyrighted. If it's original, it's copyright holder is the creator of the video.

      Don't use people's stuff without asking. That's not tricky at all.


      Paul
      • [ 4 ] Thanks
      • [2] replies
    • I was sent a report a few days ago about this and they basically said the same thing. If the video has no copyright then yes it is fair game. I guess it just depends on what you really want to do.
      • [4] replies
  • Asking for permission and receiving permission to use and change a video is fine.

    You can also "embed" videos from YouTube (or similar places) on your own site without altering them. YouTube does allow this and offers the embed code for this purpose (for most videos). This does not give anyone the right to download and alter or claim copyrights to that video. It surely doesn't mean you can use it "freely".
    • [1] reply
    • So - If I created a site, say "people eating ice-cream" and just embedded all the best "people eating ice cream" videos and didn't make any changes to the videos would that be OK?

      It seems like that's the point of YouTubes one button access to the embed code - isn't it?

      When someone clicks on the video, it takes them to YouTube and to the creators channel.

      Isn't that the point of why YouTube gives access to the embed code, to help people's videos go viral, and drive more traffic to YouTube?
      • [1] reply

  • I would not recommend using other people's videos unless you have permission. Youtube can and may delete your videos.

  • If the video is not copyrighted, then it's not illegal.

    Unethical? Maybe, but not illegal.
    • [1] reply

    • I think you are missing the Point....all videos (at least according to US copyright laws) ARE COPYRIGHTED, unless the creator expressly gives up those rights, i.e. he/she enters them into public domain, or uses certain CC licensing. Simply posting the Video on the internet or a Video Sharing site does not remove the copyright held by the original creator.

      And to expand things a bit, if the creator of the video did not write the script used in the video, or the music in the video, then there are tw0 more copyright holders to deal with.
  • Of course the problem with just using Youtube's embed system is that anyone watching a vidoe is sent to Youtube's site and may not return to our site.

    I've done some research since I posted this and apparently some people suggest we don't just embed, but rather downlown the videos then run them off our site using an open source tool like Flow Player.

    Thoughts?
    • [2] replies
    • In other words, since the OWNER of the video might benefit from your use of it... better to steal it and use it as your own.

      Brilliant advice.

      Internet marketing is effin' doomed.

      Brian
    • Are you talking about embedding the video so they watch it on your site, or linking to the video so they go to YouTube to watch it?

      If you're talking about the former, you may run afoul of YouTube's TOS. You can embed videos, yes, but if you try to make your own video site utilizing YouTube, you may run into issues.

      You can't do that without the permission of the owner of the video.

      If I upload a video to YouTube, I am allowing people to view it on YouTube. I may or may not allow embedding. But, my uploading of a video to YouTube does not grant anyone else permission to download my video and host it on their own site. That would be infringing upon my copyright.
      • [1] reply
  • There's plenty of video stock footage sites out there, so there's really no need to take other people's copyrighted videos anymore.
  • What are some of these Video Stock Footage sites? The only ones I found were old, public domain videos - like National Parks, etc.

    I'd surely love to see a link like this one, but strictly for video content?

    100 (Legal) Sources for Free Stock Images | Virtual Hosting Blog
    • [1] reply
    • istock has stock video footage, but it isn't cheap. The longest clip I've ever looked at on their site was about 30 sec long, and about $40. I don't know if they have anything longer.

      Just use their search and narrow your criteria to video. istockphoto
      • [ 1 ] Thanks
  • Before you go too crazy, it's technically not stealing, but it's not exactly the most ethical thing.

    Better to start off clean...
  • Which is why you need to watermark your videos to stop these people from leeching of them.
    • [ 1 ] Thanks
  • Here's a thought, maybe you shouldn't assume I'm trying to fudge my way around this - I'm not. (see my recent post above.)

    I'm just trying to understand the rules. The last thing I want to do is break any laws.

    As far as making my own videos, I've done some of that and I'll continue. However, from an efficiency standpoint, if there was a way an economical and legal way to get already made video footage (along the lines of stock photography sites) then obviously, I could speed up certain types of IM projects.

    FYI: Here's the Link to YouTube's Terms of Use Agreement: http://www.youtube.com/t/terms
    I'll need to personally spend more time trying to interpret the legalize. My ice cream idea MAY not be OK, based upon a cursory viewing of the T&C's.
  • Perhaps, if you're not sure about using Youtube vids, you could simply make a slide-show video of people eating icecream. Windows Movie Maker is very easy to use, and by doing this you can put your url directly in the video.
    • [ 1 ] Thanks
  • It is kinda of a great hat area.

    If the video creator is just an amateur, I don't think he will sue you or anything for using his video. In fact, I think he might be flattered that someone admires his videos.
    • [1] reply
    • Yes, of course uploading other people's stuff to your site without their permission is illegal and against YouTube's TOCs, but embedding a video isn't the same as uploading it.

      Embedding is syndicating material, and it's still hosted on YouTube, where the owner put it. Embedding someone else's video means they still get all the credit for creating it, and most of the extra traffic it might generate will go to their channel on YouTube.

      All the 'embedder' gets is the credit for finding some useful stuff for his or her audience. It's not so different to lending someone a useful book or a DVD and saying 'I think you'll find this interesting', except the author hasn't even lost out on a sale of the book or DVD, since the video was always free to view.
  • Here's an example of the type of site I was talking about in my OP.

    All YouTube videos, established for a couple of years, hoping to sell for 1500 on Flippa.

    For Sale on Flippa ? http://www.cuteaddict.com/
  • I think that's copyright infringement and nothing else. If you don't have the copyright for something, I'd recommend staying away from it.
    • [1] reply
    • Mohammad - What do you think is copyright infringment - the site that's for sale, or something else in this thread?
  • Frightening that opinions are shared as fact. Where is a lawyer when you need one. See the copyright law quoted below. YouTube videos are copyrighted. Use of them (not synication of them which has been noted by others) without the expressed written permission of their creator is a violation of law.

    No gray area

    No fishy area

    Absolutely a violation of the law and while not easily enforced or even possible to be found it is, what was that, oh yeah, a violation of law.

    The advice of downloading and using the video on your website is good advice in case YouTube deletes it. It also stops the clicking away from your site to YouTube or another site. If any gray area exists it would be: if you don't change the video in any way are you able to use the video without the use of a syndication service such as YouTube. My interpretation of the law (I am not a lawyer I only play one on the Internet) is that no, you cannot do this without the permission of the video creator or copyright owner.

    I would make the argument that a YouTube uploader gave them permission to use and syndicate the material - not you. Do it at your own risk.

  • For Sale on Flippa ? http://www.cuteaddict.com/

    This site has nothing but YouTube videos, but you stay on the site to watch each video, and there is no way to know who actually created the video.

    At first, I thought - perhaps - the site creators made those videos until I saw the ones in Japanese and videos I've seen before.

    Just because they've gotten away with it, and may now sell it for a pretty penny doesn't mean it's OK - I know.

    Do we all agree that this site is breaking the rules, because embedding means the viewer goes back to YouTube and anything else is a copyright violation, unless the original author has provided permission?
    • [1] reply
    • Ok, I think I see where you are going.

      Here's the deal.

      You can use any youtube video you want by just embedding it on your site. I'm not talking about downloading it and copying it to your own server. I'm talking about simply taking the embed code to display on a site. There is nothing illegal about this - even if you are doing it for marketing.

      If Joe Marketer does not want me using his videos on my site, he can actually block within his account so that his video will not display anywhere else but youtube.

      If Joe Marketer is WISE he will be sure to watermark what ever videos he has with his website, and only load up material he expects others to embed on their sites. He would be flattered that I would share his materials that are watermarked - thus spreading his domain name.

      In the case of your Flippa site - who ever is buying the site should realize it is videos from youtube that they have no control over. A lot of people may not mind this what so ever. Does the auction say the copyright to the videos is included? Does it guarantee the videos will be there a year from now? Probably not - but this is the potential buyers problem to pick out.
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