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Copyright tips for posting online videos from YouTube

Tips and "guiding principles" for posting videos from YouTube and avoiding posting any content that infringes someone else's copyright.

Here's some general observations about Youtube, embedding, and copyright law.

In general, linking is quite protected in the law. As to Youtube specifically, Youtube actually makes you agree when you host your videos on their service that they AND their users have the right to embed your video.  So, Youtube, gets the rights for its users to embed videos when someone hosting videos uploads a video.

That said, if that video has copyright infriging content in it, there might be a bit more to the analysis.

In copyright, for instance, to directly infringe you have to exercise one of the rights of the original copyright holder has such as reproducing, distributing, creating a derivative, or publicly performing or displaying the work.

It is difficult to see how a link itself would be direct infringement.  However, if you absolutely know you are linking to something that is copyright infringing, you must be wary of contributory infringement.

Importantly, there is a particular section of Digital Millenium Copyrighti Act that provides a safe harbor for "service providers" (a relatively broad term that includes many different kinds of websites, blogs, etc) for linking to infringing material.

In many respects, and particularly technically, embedding a video is basically the same as a link.  The embed code is a link that then serves up content from a third parties' website or blog, not yours. 

To take advantage of the DMCAi, however, you need to run a gauntlet to protect your service from liability.  You can learn about the DMCA in our guide here

http://www.newmediarights.org/guide/legal/copyright/dmca/Protecting_webs...

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Type of Content: Guide - Legal -
Tags: YouTube -

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Ads in Videos

The main thing I see is that YouTube will just put ads in videos that have copyright material and also they might remove the audio track if that is copyrighted. If you search for used cars in charlotte nc or something like that you prob wont run into this problem, but when you're looking for mainstream music is when you will usually see this happen.

observations about Youtube

In copyright, for instance, to directly infringe you have to exercise one of the rights of the original copyright holder has such as reproducing, distributing, creating a derivative, or publicly performing or displaying the work. mariage

That's simply great...

Last time I tried to post something on youtube it was deleted within hours. I had no copyright infringement. I used my own images and audio. I don't know what is going on lately

Wonderful...

Thank you so much for posting this as I was looking for this information consistently.

Great info

This is a great post. Thank you for sharing these tips and advice for youtube videos! Thanks!

tips

Great copyright tips for posting online videos from YouTube in my opinion. I'm looking to read more about it.

By the way, do you have an

By the way, do you have an rss feed I can subscribe to? thanks - stopzilla review
Mera Szendro Bok's picture

NMR RSS Feed

Sure we have an RSS, thanks for asking. Here is the link: http://www.newmediarights.org/nmr_rss

Hi Art, Thanks for clearing

Hi Art, Thanks for clearing that one up, I have often wondered about the legality of posting videos on youtube of other people. Loz

Please advice

Hi all! It's time to buy a phone but I cannot choose b/w iPhone4 or google android. Can you advice? What the pros and cons of both?

youtube videos

Is it legal to post a link to a video someone else has posted on youtube?  How about to embed that video on your own website?

art neill's picture

How linking to and embedding Youtube videos is protected by law

Hi Lou,

Here's some general observations about Youtube, embedding, and copyright law.

In general, linking is quite protected in the law. As to Youtube specifically, Youtube actually makes you agree when you host your videos on their service that they AND their users have the right to embed your video.  So, Youtube, gets the rights for its users to embed videos when someone hosting videos uploads a video.

That said, if that video has copyright infriging content in it, there might be a bit more to the analysis.

In copyright, for instance, to directly infringe you have to exercise one of the rights of the original copyright holder has such as reproducing, distributing, creating a derivative, or publicly performing or displaying the work.

It is difficult to see how a link itself would be direct infringement.  However, if you absolutely know you are linking to something that is copyright infringing, you must be wary of contributory infringement.

Importantly, there is a particular section of Digital Millenium Copyright Act that provides a safe harbor for "service providers" (a relatively broad term that includes many different kinds of websites, blogs, etc) for linking to infringing material.

In many respects, and particularly technically, embedding a video is basically the same as a link.  The embed code is a link that then serves up content from a third parties' website or blog, not yours. 

To take advantage of the DMCA, however, you need to run a gauntlet to protect your service from liability.  You can learn about the DMCA in our guide here

http://www.newmediarights.org/guide/legal/copyright/dmca/Protecting_websites_copyright_liability_user_content_Section_512_safe_harbors_takedown_notice

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