Using unauthorized videos from YouTube/Yahoo...?

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   Stephen Brnoposted 13 years ago

   If I'm writing a review of a hard to find music video and I embed a youtube video of the actual music video which someone recorded off of TV, would this violate my Hubpages and Adsense accounts?

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      Maddie Ruudposted 13 years agoin reply to this

      Well, just like here at HubPages, when you sign up to YouTube you agree to only post content to which you hold the necessary rights.  Thus, theoretically, you should be able to operate under the assumption that the users have obtained permission to upload the audio/video.  Of course, that's not necessarily true, but technically, to your knowledge it is.  Basically: if a given video is a copyright violation, the legal responsibility falls on the user who uploaded it.

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         Website Examinerposted 13 years agoin reply to this

         That theoretical assumption falls flat on its face where it is commonly known, or can easily be established, that the YouTube video is infringing upon copyright.

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      sunforgedposted 13 years agoin reply to this

      the onus falls on youtube and the submitter
      
      -edit - maddie says it better

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         Website Examinerposted 13 years agoin reply to this

         The hub to which I linked above says it better, in my opinion. Legal jeopardy exists on several fronts, including Adsense.

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   Website Examinerposted 13 years ago

   You cannot knowingly commit copyright infringement, yet be in compliance with Adsense and HubPages TOS.
   
   Of course, you can try to hide underneath the YouTube umbrella. But it only takes a Digital Millenium Copyright Act (DMCA) complaint, filed with HubPages and/or Adsense to get you into trouble. Indeed, embedded video is a type of redistribution, is it not?

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3. 87

   Marisa Wrightposted 13 years ago

   I'll be interested to see people's views on this.  I've used several Youtube clips which I've wondered about - are they legal or not?  I thought because I was only embedding, it didn't really matter.  But you're right WE, it is redistribution I suppose.

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   Website Examinerposted 13 years ago

   It is, both technically and legally. I have noticed that when clicking on the play functionality, the video plays in embedded mode here on HubPages. Double-clicking redirects to watch it on the YouTube site.

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5. 70

   Cagsilposted 13 years ago

   I think you can only embed "legally" and "ethically"(without rights infringement), if you are a subscriber to those who host the video on YouTube.
   
   If you do not subscribe to them, then the owner will most likely disapprove of the use.
   
   I am not positive about it, because I have so far chosen to not embed YouTube videos in my hubs.
   
   So, I too will wait to see other views about it.

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      sunforgedposted 13 years agoin reply to this

      When the user uploads a video they have private and public options - as part of your use of the Youtube service you are granting the share/embed options - subscribing is just a social option and has no relevance to the use of a video.

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         Cagsilposted 13 years agoin reply to this

         Thank you Sunforged. Appreciate it.

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   Website Examinerposted 13 years ago

   I am in agreement with Cagsil, as apparently is the hubber who wrote this informative piece on the topic:
   
   
   http://hubpages.com/hub/Embed-YouTube-V … fringement

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      sunforgedposted 13 years agoin reply to this

      The hub you linked to awful. Someone should remove his or her right to use "bold"
      
      They mix up the term libel and liable - which concerning something that is supposedly about a legal issue is disquieting.
      
      and the link to YouTube terms of service within the content is irrelevant to the issue at hand.

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         Website Examinerposted 13 years agoin reply to this

         I too noticed the link seems irrelevant. The points of view, however, reflect my own opinion on the issue; one which I had prior to reading that article.

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   sunforgedposted 13 years ago

   The comments hold a more informed source:
   
   http://en.wikipedia.org/wiki/Perfect_10 … oogle_Inc.
   
   it is also unlikely that one google service will punish you for the fair use of another google service

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      Website Examinerposted 13 years agoin reply to this

      I agree, highly unlikely. Therefore in practice, I would only be concerned where redistribution happens in bad faith, such as hypothetically seems to be the case for the OP.

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   The10DollarMarkposted 13 years ago

   It'd be easier to say if I knew the video but here are the general rules:
   
   If the video doesn't seem copyrighted and has an embed code listing, then you're allowed to embed it.
   
   If the video seems copyrighted, but it also seems like it's before the 70's, then you can still embed it.
   
   If the video seems copyrighted and recent, then you should flag it and then embed it anyway. Check your embed in 2 weeks to see if the original video was deleted and then just take out the video capsule if it was.
   
   If the video doesn't have an embed code on its page, then don't put its link on the hubpages capsule.

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9. 64

   darksideposted 13 years ago

   If there's a problem the copyright holder files a DMCA with youtube, the video comes down, problem solved.
   
   No need for the hubs and blogs and sites to all be contacted, people can go to the source of the problem.

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      Website Examinerposted 13 years agoin reply to this

      YouTube does not always do what is to be expected, and has been involved in legal disputes dragging on for years. There is nothing to prevent right-holders from going after individual publishers they think are violating their rights.

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         darksideposted 13 years agoin reply to this

         YouTube does not always do what is to be expected, and has been involved in legal disputes dragging on for years. There is nothing to prevent right-holders from going after individual publishers they think are violating their rights.
         
         If a music video goes up the record company can get it pulled down pretty damn quick.
         
         If a news segment goes up, and the producers don't like it, it'll get yanked so quick it'll make your head spin.
         
         If you put up a video with music in it, Youtube can leave the video but remove the sound, with a message for the person who uploaded it. They have a choice of either removing the video, leaving it as is, or disputing the copyright claim.
         
         Recently a whole lot of Hitler parody videos from the movie Downfall were all removed because the producers contacted Youtube. Those videos were embedded at all types of blogs, forums and social networks. Now rather than send out countless thousands of cease and desist letters to all the places where they're embedded, it makes sense to go straight to the source.
         
         If I uploaded video to Youtube and I owned it and I didn't want others to embed it on their sites all I have to do is disable embedding.

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    Lisa HWposted 13 years ago

    Everything else aside, I've always just thought it was similar to having someone somewhere post a link to, say, one of my Hubs (and a link that would bring someone right to the Hub's own URL).  Instead of people being sent to a writing page, they're sent to the video, itself.

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       Website Examinerposted 13 years agoin reply to this

       As the above-mentioned hub correctly explains, there is a difference between linking and embedding. Linking brings the visitor away from your site; embedding a video keeps the visitor on your site, which makes it a form of redistribution in my opinion.

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    Website Examinerposted 13 years ago

    Darkside, thanks for sharing your insight, I am here to learn too. Still, no matter what you say, I wouldn't advise anyone to knowingly embed an infringing video, which is what the OP has in mind.

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    1. 0

       Stephen Brnoposted 13 years agoin reply to this

       This is all very good information but... damn... this copyright stuff really sucks. I got some cool classic vids I want to review but it would suck if I can't embed the actual video or some screen caps, I mean it would look just "plain" to have the review there and that's it. Why can't all these artists upload every one of their videos to VEVO or something, make it official for embedding, and call it a day? This would save a lot of hassle.

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          Website Examinerposted 13 years agoin reply to this

          But what makes you believe or know that the video is unauthorized today?

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             Stephen Brnoposted 13 years agoin reply to this

             Well, here's some things I noticed....
             
             1) Every time random people try to upload them to Youtube, they get taken down eventually for copyright violation. However, they can be found uploaded on other sites like Yahoo videos by similar random users, but I guess the record label hasn't gotten to them yet.
             
             2) The video doesn't have an authorized label on it like the Yahoo! symbol on the lower right. Or if the video is from VEVO, then that pretty much means its okay for the public to use and embed because VEVO is music video friendly and is therefore the official "approved" uploading of the video but you can't find ALL music videos, even many popular ones, on VEVO, that's the problem. Even if you embed videos from MTV or BET websites, those are also approved/authorized videos to use.
             
             I'll give you a good example: There's one video from Bad Boy Records, P Diddy's label, I wanted to use. It was a popular video from 1998 but its not available on VEVO or any of the approved sites. The only place you can find it is on the Japanese version of Youtube called Youku. Mind you, two years ago, this very same video was on Youtube itself until it was taken down by the record label. The video used to be available on the Bad Boy Records site but as of now its no longer there, my guess is the label is trying to move away from "the past" because of its history with the CEO and its former artists, I don't know what the deal is.

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    Website Examinerposted 13 years ago

    Thanks, I find this very interesting, you obviously know a lot. Wouldn't be much fun embedding videos that are likely to be taken down. Screenshots seem the more pragmatic choice.

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    1. 0

       Stephen Brnoposted 13 years agoin reply to this

       Website Examiner,
       
       Are you sure about screenshots? If its from a video that keeps getting taken down, there wouldn't that not be acceptable either? I'm confused.

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          Website Examinerposted 13 years agoin reply to this

          This was in reference to that you said previously that if you could use neither videos nor screenshots, your hub would look outright plain.
          
          I think it highly unlikely that any rights-holder would report you or bother you over some screenshots, assuming you have taken these yourself and thus own the copyright to such images. Plus, since it cannot be denied that the videos did exist at the time when you took the screenshots, such images arguably have some documentary value, since you will be using them in an article about hard-to-find video material.
          
          For these reasons, if it were a matter of either embedding the videos or using screenshots, I consider screenshots the more pragmatic choice.

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