I know that hubpages is strict about violations and copyright but is it a violation to post a youtube video in your hub, which you know includes copyrighted material, which the one uploading the video did not have permission to upload? Like a movie clip or a song lyrics video. I know the internet is flooded by videos like that I was just wondering if it was considered a violation.
No - it is not a violation to post a YouTube video in a hub.
Use the video capsule, find the video you want and enter the link. If the author ever removes the video from YouTube, you will get a broken link message from HP which can be easily fixed.
HP strongly recommends that you watch an entire video before adding it to your hub, to make sure there are no problems or inappropriate parts.
Copyright wise, it's Youtube's problem. Hubpages wise, at most you'll get a warning and have to replace the video if they think there is an issue - such as watermarking in the videos.
WryLit got it, I think, All we can put in our Hubs is the link to who holds the video. There have been occasions when I'd like to add a reference and/or a title, but for the most part, all we can do is make the link.
If you were somehow able to make a copy of the video and download it to your HubPages video storage area, then you might be creating a problem.
I don't quite understand what you're saying. If I post the link into a video capsule is that okay then? Or is it only okay to post the link and direct the reader to the video on youtube?
"If I post the link into a video capsule is that okay then?"
That is the way I've always treated it. My understanding is that HubPages holds only the link, not the content. You are merely providing something similar to an advertisement for the YouTube content.
That understanding changes if you load the video to your own video storage area at http://hubpages.com/my/videos/gallery. My understanding - when done that way, HubPages holds both the content and the link. You are at risk if you violate the originators rights at time of upload to the video area. Fortunately for us, this does not automatically happen when you merely provide just a link in the HubPage video capsule.
And as others have so carefully stated above, I'm not a lawyer, and I don't work for HubPages. You may need a response from someone who works at HubPages.
Okay, it's been a couple of years since I caught up on the latest with YouTube and copyright, and I can't answer for what HubPages considers a violation of their TOS. And I'm not a lawyer. And I'm also not sure exactly what you're asking here. 'Cause you seem to already know the answer - that yes, it's a violation of copyright to embed YouTube material you don't have the rights to use.
When the rights-holder of the video uploads a YouTube video, they can control whether or not to allow embedding. If they allow it, I believe this means you have the right to embed it if you do so under YouTube's Terms of Service.
Even when embedding is enabled, I've written the rights-holder/creator for permission to make sure I'm okay. That's because I'm pretty careful about knowing my usage rights 'cause I don't want a headache later. Not everyone is so careful, I'm guessing because they're willing to risk a possible headache.
However - and I think this is the situation you describe - if the person uploading the video to YouTube does not hold the rights, but does enable embedding for users such as yourself, then that STILL doesn't give any usage rights to such users who weren't the one to originally violate copyright.
It's kinda like using a photo posted on Flickr without permission from the original photographer/model. Or buying a house without the real title, for that matter. Even if you don't know it's stolen property, you don't have legal rights to it 'cause the person who gave/sold you the property didn't legally hold it. If you know going in that it's not the uploader's IP, then that's kind of a heads-up that you're likely to have to deal with a headache later.
So if I post the link to a youtube video in a video capsule in my hub, which is uploded by someone who had a right to use it then it is okay? But if the person doesn't have the right I could get in trouble as well even though I was only linking to it? Is that what you're saying?
Sounds like you got it. But honestly, if I were you I'd check YouTube's current TOS to get a better sense of the state of things. When I last checked it, the TOS were vaguely worded enough regarding permissions to be unsettling.
I think I'm not a good person to listen to if what you need is a black-or-white answer.
You want to keep in mind that intellectual property law is on the cusp of going through some fairly drastic changes - it will need to, because existing law was mostly established about a century ago, in a different kind of distribution market - that of print. Today it needs to accommodate the technology of the digital age and the reality of sharing, search engines, and mashups, a world where the original work is hard to track. There are a lot of gray areas that were formerly black and white.
So though people might give you yes or no answers, and they might reassure you, if you're like me, you'll find it most reassuring to go to the source. Research copyright law on copyright.gov or ask a lawyer. If you're most concerned about complying with HubPages' policy, you can ask HubPages staff what they will or won't allow, but you might get a vague answer - like "You must have the rights to the work." Then it's a matter of doing the research to assure yourself you do have the rights. Being misinformed unfortunately isn't a good defense.
I wouldn't be a bit shocked if, in the future, somebody came to me and said I was using somebody's work without permission, even if I thought I had the rights. In my eyes, there's that much room for uncertainty now. For example, regarding YouTube, I believe the way video rights-holders grant embedding rights is by default. By not disabling embedding rights, they enable them. That kind of passive permission may not be acceptable in the future - and I'm not expert enough to know if any legacy action could happen if and when that kind of thing changes.
Waive, it sounds murky but I believe what has been said is that it is technically an internet violation. But I don't know how often uploaders actually get in trouble for it. There must be a bazillion uploaded youtube videos on sites all over the world, including the zillion on HP. I admit to doing it myself.
There have been three occasions I can recall when all that happened was that the videos were "cut off" by the "video police" who search out unauthorized use of videos. You'll find out when you go to edit your hub and the video capsule is blank with some type of generic statement. The videos that were removed from my hubs included: Taylor Swift, Carly Simon, and a clip of President Obama making a flub during a speech.
So, take your chances as most of us do. But it is a matter of what's ethical in the end. I am guilty as charged.
Respectfully, I'm not sure I agree with you. Often ethics and the law coincide, but not always. In the case of intellectual property, I don't think it's that clear-cut.
When someone "steals" my work, it's quite rare that I think of it as an unethical action. In many cases, they are simply doing what comes naturally in today's social media - another kind of sharing - and they truly have no clue it's a violation of copyright. It "feels" to them like fair use.
And sometimes people do know it's illegal but have a sense that the law is unjust. It may just be that they're just unethical - or it may be that they're using their "ethical senses" to sense a change in the wind of the law, itself...
It is an interesting question especially when one has to consider that the person posting the video is the one earning from the video, not the person who put the video on their Hub. In a way, we are helping to promote the video and the person who posted it which is why it is better to post our own videos which we place onto youtube.
They do if they want to, it is their choice whether they make it commercial or not.
I know but surely Google wouldn't give them access to the ad program if they uploaded copyrighted material that wasn't their own
I never suggested that the videos were not their own. I upload my own videos and the content is mine.
Janshares, I'm aware of that, so what you're saying is that the worst case scenario is that the video will be removed from youtube and hence no longer available in my hub but that's it. Me sharing it is fine.
I use YouTube videos all the time but so far there haven't been any problems, so I doubt it matters as much as one would believe.
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