Embedding You Tube Videos Illegal

14 years ago

I've been avoiding embedding YouTube videos on my sites long before any of this.

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Kym Robinson

14 years ago

interesting - I would only worry about that if there was no 'embed' code given to you on every single youtube video!

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marcromero 14 years ago

I agree, it would hard to make the felony charge stick for embedding if the embed code is right there just asking you to do so. They may need to make embed code optional to vid publishers

Originally Posted by Kym Robinson

interesting - I would only worry about that if there was no 'embed' code given to you on every single youtube video!
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abigailmarketing 14 years ago

Originally Posted by Kym Robinson

interesting - I would only worry about that if there was no 'embed' code given to you on every single youtube video!

I agree with you Kym. That is really a good point. YouTube should remove it from their option if it is illegal to embed those videos.
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The Niche Man

14 years ago

I've never read any problem with doing this according to their terms of service - as long as you don't mess with or change the code.

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website12

Banned 14 years ago

I have never seen anything wrong with this.

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doorkicker13

14 years ago

Self-host your videos. Problem solved.

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carp104

14 years ago

Why would they offer the embedding code if it is a crime to embed the video?

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1 reply

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Dan C. Rinnert

14 years ago

If I create an original video and upload it to YouTube, I can choose whether or not to allow embedding. If I allow embedding and someone embeds it on their website, then they are only doing what I allowed them to do.

Now, let's say I copy a video and upload it to YouTube. I allow embedding. But, I am not the rights holder to the video, so whether or not I allow embedding is immaterial, because I don't have any right to allow you to embed the video on your website.

So, if you embed that video on your website, you better make sure that the uploader of that video had the rights to allow embedding.

It's very similar to publishing. As a publisher, you are responsible for what you publish. So, if someone wrote an article for you, but had swiped it from someone else, ultimately, the publisher is responsible because the publisher is the one putting it up on his site.

The intent of this proposal is to go after the willful infringers--the ones that know they don't have the rights to the videos they upload or the embedders who know the video is copyrighted but use the "YouTube allowed embedding!" excuse to skirt around copyright infringement.

The bottom line is to be careful what you publish on your website, whether it is a video or an article.

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Linda_C

14 years ago

Originally Posted by Dan C. Rinnert

The intent of this proposal is to go after the willful infringers--the ones that know they don't have the rights to the videos they upload or the embedders who know the video is copyrighted but use the "YouTube allowed embedding!" excuse to skirt around copyright infringement.

I suspect you might be the only one who actually READ the link -- at least so far.
:rolleyes:

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1 reply

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Michael Mayo 14 years ago

Originally Posted by Linda_C

I suspect you might be the only one who actually READ the link -- at least so far.
:rolleyes:

Nope, I just don't write as well as Dan so I just through it at the wall...Dan,
catches it and paints the picture for others...lol

May I also say that he does a Heck of a job at getting the point across too...

Have a Great Day!
Michael
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Ben Gordon

14 years ago

Originally Posted by Dan C. Rinnert

If I create an original video and upload it to YouTube, I can choose whether or not to allow embedding. If I allow embedding and someone embeds it on their website, then they are only doing what I allowed them to do.

Now, let's say I copy a video and upload it to YouTube. I allow embedding. But, I am not the rights holder to the video, so whether or not I allow embedding is immaterial, because I don't have any right to allow you to embed the video on your website.

So, if you embed that video on your website, you better make sure that the uploader of that video had the rights to allow embedding.

It's very similar to publishing. As a publisher, you are responsible for what you publish. So, if someone wrote an article for you, but had swiped it from someone else, ultimately, the publisher is responsible because the publisher is the one putting it up on his site.

The intent of this proposal is to go after the willful infringers--the ones that know they don't have the rights to the videos they upload or the embedders who know the video is copyrighted but use the "YouTube allowed embedding!" excuse to skirt around copyright infringement.

The bottom line is to be careful what you publish on your website, whether it is a video or an article.

Agreed. People have the choice whether to post their embedded code to the public. They can choose not to, however, if they do choose to do so, then everything is completely legal.

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Michael Mayo

14 years ago

Originally Posted by Ben Gordon

Agreed. People have the choice whether to post their embedded code to the public. They can choose not to, however, if they do choose to do so, then everything is completely legal.

Ummm, Not sure that posting the same video on your channel would be
covered as you state.

The owner allows you to post Their Video on a site although what Dan stated
differs by the fact that someone whom copies<-KeyWord it and posts it on
their own site may be in violation of a copyright.

Have a Great Day!
Michael

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cozens

14 years ago

Originally Posted by Dan C. Rinnert

If I create an original video and upload it to YouTube, I can choose whether or not to allow embedding. If I allow embedding and someone embeds it on their website, then they are only doing what I allowed them to do.

Now, let's say I copy a video and upload it to YouTube. I allow embedding. But, I am not the rights holder to the video, so whether or not I allow embedding is immaterial, because I don't have any right to allow you to embed the video on your website.

So, if you embed that video on your website, you better make sure that the uploader of that video had the rights to allow embedding.

It's very similar to publishing. As a publisher, you are responsible for what you publish. So, if someone wrote an article for you, but had swiped it from someone else, ultimately, the publisher is responsible because the publisher is the one putting it up on his site.

The intent of this proposal is to go after the willful infringers--the ones that know they don't have the rights to the videos they upload or the embedders who know the video is copyrighted but use the "YouTube allowed embedding!" excuse to skirt around copyright infringement.

The bottom line is to be careful what you publish on your website, whether it is a video or an article.

uTube is public. If you publish your video on their site they own the copy right of everything put up there. So if they allow embedding of video from their site, it's not illegal. It means they, the site owners have given you the right to do so.

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2 replies

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KirkMcD 14 years ago

Originally Posted by cozens

uTube is public. If you publish your video on their site they own the copy right of everything put up there.

No and no.
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yourreviewer

14 years ago

Originally Posted by cozens

uTube is public. If you publish your video on their site they own the copy right of everything put up there. So if they allow embedding of video from their site, it's not illegal. It means they, the site owners have given you the right to do so.

Seriously, what kind of nonsense is this. You don't seem to have a clue of what you are talking about.

I really wish no one takes what you have said seriously.

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Michael Mayo

14 years ago

YouTubes TOS states that videos on their site may be embeded on others
sites. If someone accepts the TOS then they still have an option to make the
video private or channel subscribers only.

YouTube - Broadcast Yourself.

Have a Great Day!
Michael

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Robert M Gouge

14 years ago

Did no one read the link and articles?

The law they are trying to pass will make you accountable even for embedding another person's video.

The way the article is written, it is stating that if JohnnyRedWheels87 posts a video which is picked up by GinaYouTubes23 and then you embed GinaYouTubes23 on your site and it happens to be copyright protected material, the creator of the content can come after you with felony charges.

http://www.techdirt.com/articles/201...e-videos.shtml

Link to the full bill:
http://www.govtrack.us/congress/bill...?bill=s112-978

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Paul Myers

14 years ago

Robert,

Did no one read the link and articles?

Yep. I did. And it's not clear whether the author knows the law in general, or this one in specific, well enough to assert the claims in it with real authority. That he expresses concerns and alerts people to them is useful, nonetheless.

That said, the intent of the Congress does make a big difference, even if it's not written into the bill. If the debates center around uploaders, with no mention of uninformed secondary linking, a court might well find the latter situation outside the scope of the legislation.

That will often depend on the judge.

Paul

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Robert M Gouge

14 years ago

Originally Posted by Paul Myers

Robert,Yep. I did. And it's not clear whether the author knows the law in general, or this one in specific, well enough to assert the claims in it with real authority. That he expresses concerns and alerts people to them is useful, nonetheless.

That said, the intent of the Congress does make a big difference, even if it's not written into the bill. If the debates center around uploaders, with no mention of uninformed secondary linking, a court might well find the latter situation outside the scope of the legislation.

That will often depend on the judge.

Paul

Looking over the amendments to the bill, the wording makes it so that, even if not the intent of the congress or judge, embedding copyrighted works will be illegal according to the written law.

Meaning, if you happen to embed a work that is copyrighted and the copyright holder decides to file suit against you (regardless of who's YouTube account you embedded the video from), the amendment will give them quite a leg to stand on in court.

1 (b) AMENDMENT TO SECTION 506 OF TITLE 17.--
2 Section 506(a) of title 17, United States Code, is amend3
ed--
4 (1) in paragraph (1)(C), by inserting ''or public
5 performance'' after ''distribution'' the first place it
6 appears; and
7 (2) in paragraph (3)--
8 (A) in subparagraph (A), by inserting ''or
9 public performance'' after ''unauthorized dis10
tribution''; and
11 (B) in subparagraph (B), by inserting ''or
12 public performance'' after ''distribution''.

It's the 'or public performance' part which is quite troublesome. :confused:

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Paul Myers

14 years ago

Robert,

Looking over the amendments to the bill, the wording makes it so that, even if not the intent of the congress or judge, embedding copyrighted works will be illegal according to the written law.

Judges don't have anything to do with the intent of the Congress. They can, however, interpret it, given sufficiently clear data. But again, how they choose to do that depends on the judge, and we don't have enough details of the debates to form an opinion at this point.

It's the 'or public performance' part which is quite troublesome.

Indeed. And the notion that YouTube might be given safe harbor, while a random netizen who embeds a video from their site may not. I can see arguments on both sides of that issue, but it's still disturbing.

Paul

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beck13

14 years ago

in worst case youtube will make an option so that the uploader can choose to make their video public but not give out embed code, which i think is a great idea.

having someone else's video embeded on your site feels almost like taking credit for someone else's work. so the uploader should have a choice whether to allow sharing of the video outside of youtube. just my opinion.

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Wills 14 years ago

I'm thinking that this is a lot do with sites that stream movies, tv, sports etc. Then put a disclaimer saying that they do not host the videos.

I am certainly not saying that anyone who embeds the odd illegal video by mistake need not worry. But those sites are probably the main targets.

I rarely embed other people's videos, but I'll definitely by careful when I do so.
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Embedding You Tube Videos Illegal

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