Copyrights and fair use legal issues

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Copyrights and fair use legal issues S. Levi .Advocate 6/2/10 1:14 AM

Hello

 

 

I would like to get some answers regarding Copyrights and use legal issue that are not addressed in youtube website:


2010-06-02


Hello

 

 

I would like to get some answers regarding Copyrights and use legal issue that are not addressed in youtube website:

 

1. In this page you allow and encourage users to embed youtube's videos in his own website

http://www.youtube.com/youtubeonyoursite

however, in the page of the terms of service on section 6Eii ( http://www.youtube.com/t/terms) you are prohibiting the user from   ii.      the sale of advertising, sponsorships, or promotions placed on or within the Website, User Submissions, YouTube content, or the Services (including, without limitation, YouTube Player); and

 

hence all website owners that embed youtube videos in their website with ads in the same page are not allowed to do so, unledd with writen approval.

Is that the true term of use ? If so, I would be greatful to be know. and ask for your formal permission to use videos in certain websites. If not- I would like to know where is there a permission to profit from pages in which website owner publish a video by embedding your video code as instructed (http://www.youtube.com/youtubeonyoursite)

 

2.  A person or a firm would like to prevent other website's owners from showing an embedded youtube video (which this person/firm produced) in their websites (their websites include commercial ads in it). This person or a firm didn’t upload the video to youtube. Someone else did . Is it possible ?

 

in the same issuea client of mine would like to make sure that when he publish an embedded youtube video in his website, he would not be liable and sued, by third party to whom this video belongs (and did not upload the video on his own) or be infringing copyrights of that third party . Is it possible he would be sued for it ?

 

Thanks

S. Levi

Advocate By Law

 

 

Re: Copyrights and fair use legal issues Landtat 6/2/10 4:01 AM
If in fact you are a lawyer then you already know "fair use" is an argument used only during a court proceeding.

As far as any copyright is concerned you need the proper permissions from, or have paid for, the rights to use another persons, companies, studios, property.
Re: Copyrights and fair use legal issues Videodave2 6/2/10 5:38 AM
>If in fact you are a lawyer then you already know "fair use" is an argument used only during a court proceeding.

And even if he is, YouTube staff are not going to answer policy questions in this forum, nor is it likely there will be other users qualified to give legal advice. My opinion is the TOS would allow you to use embedded videos. But, need I say it?: I am not a lawyer.
Re: Copyrights and fair use legal issues Videodave2 6/2/10 6:16 AM
PS. In answer to question 2. which does not involve legal issues:

2.  A person or a firm would like to prevent other website's owners from showing an embedded youtubevideo (which this person/firm produced) in their websites ...... Is it possible ?


Yes, but not selectively. You can turn off the embedding feature for everyone, but, not for a specific web site.


Re: Copyrights and fair use legal issues Delphinus 6/30/10 9:03 PM
Here's a question. I do tutorial videos. I record the screen directly... Is showing the websites I am surfing in the vids and talking about considered violating copyright?
Re: Copyrights and fair use legal issues Videodave2 7/1/10 5:04 AM
It certainly could be, the method used to reproduce something copyrighted is not the issue.