Is it illegal to embed into a site/blog videos from youtube that might be copyrighted?

I see a lot of that in forums/personal blogs/personal sites...

http://webmasterspot.blogspot.com/2007/01/linking-to-copyrighted-material.html


"Even though this still seems to be a rather grey area and it is currently unclear were exactly to draw the line – the fact remains that, according to US law precedents, linking to copyrighted material could indeed be illegal regardless if you are hosting the files or not. This would also include embedding videos containing copyrighted material (especially TV shows and movies) from YouTube and other similar services into your sites. Just because YouTube offers you an easy way to embed these files doesn’t mean that you should or that it is even legal."

http://webmasterspot.blogspot.com/2007/01/linking-to-copyrighted-material.html


"Even though this still seems to be a rather grey area and it is currently unclear were exactly to draw the line – the fact remains that, according to US law precedents, linking to copyrighted material could indeed be illegal regardless if you are hosting the files or not. This would also include embedding videos containing copyrighted material (especially TV shows and movies) from YouTube and other similar services into your sites. Just because YouTube offers you an easy way to embed these files doesn’t mean that you should or that it is even legal."

However, it would be a good idea to read youtube's terms when you sign up to upload content. There may be clauses in there saying that user's give permission for their work to be shown on other websites via the youtube platform (i don't know for sure). However, pirated content wouldn't count under this.

However, it would be a good idea to read youtube's terms when you sign up to upload content. There may be clauses in there saying that user's give permission for their work to be shown on other websites via the youtube platform (i don't know for sure). However, pirated content wouldn't count under this.

It's quite understandable that those who upload videos that are copyrighted clearly violate the law. However my question is more about the responsibility of those who embed the videos uploaded to youtube by somebody else.

Can embedding be considered as broadcasting?

Youtube as such is an interesting phenomena, as they have zillion of copyrighted material uploaded by users (like grabbed music videos, TV shows, etc.)

I think the owner of tv-links.com.co (or similar) got arrested because of such thing.

Peace,

I think the owner of tv-links.com.co (or similar) got arrested because of such thing.

Peace,

Can you provide a link to the case/news article? Thanks!

no, because the poster of the video has the ability to turn on or off the embeding of images. However, youtube will probably delete and suspend the account if it's found handing out copyright stuff.

I have not seen a single posting or forum discussion or article about "copyright issues" posted in the whole world wide web without the word "grey" mentioned !

I think the owner of tv-links.com.co (or similar) got arrested because of such thing.

Peace,

It is true, I don't have an article to hand but a quick google will get it. I don't know if he was charged with anything.

An interesting article on the topic:

"Conclusions: All in all, there is very little reason to fear being sued for embedding YouTube clips into your site. Even if the clip is obviously infringing, the most likely outcome is simply that it will stop working after the rightsholder files their DMCA notice. The odds of such a matter leading to a courtroom are very slim. Still, given what is at stake, it makes sense to take a few steps to reduce the risk as much as possible. A lawsuit, any lawsuit, can be potentially devastating to an everyday citizen and if a few reasonable precautions can help prevent future troubles, it is well worth taking the time to follow them.
The problem is that, though most rightsholders are at least somewhat reasonable with their policies, there are a handful who are not. There is no way to tell when a rightsholder may “jump the track” and take extreme action where it is not warranted.
Copyright history, especially modern copyright history, is dotted with cases like that and it is best to not be on the wrong end of such a suit if it is at all avoidable."



http://www.blogherald.com/2007/07/09/the-copyright-risk-of-embedding-youtube-clips/

Can you provide a link to the case/news article? Thanks!

First result I see to tv-links arrested:

http://www.zeropaid.com/news/9066/TVLinks+Shut+Down,+Owner+Arrested!

Peace,

I doubt it is illegal, especially since I believe the YouTube logo is present.

Also, dont youtube give you embed codes with all the videos on the site? I expect it to be illegal with copyright material, but youtube do get rid of some of the copyright stuff from their site.

Also, dont youtube give you embed codes with all the videos on the site? I expect it to be illegal with copyright material, but youtube do get rid of some of the copyright stuff from their site.


This is disputable, as having a logo on a broadcast doesn't particularly give the right to "re-broadcast it". Although Youtube encourages it by giving this possibility. Youtube has Google to back it up, a small webmaster don't....

I don't think it's illegal. And if it is I have a LOT of forum posts to clean on my boards.

It is not illegal, but claiming it as your own would be...

I belive it is... Im not 100% sure tho :S

Sorry i chouldnt be more help!

Cheers.

What about when you have a blogger website and one of the widgets is to insert video on your site...?? Google can't be that stupid..they must have shecked it out first.

Well, you are assisting copyright infringment - hence you too are doing a crime.

Take it this way...

You get illegal weapons and pass it on to terrorists. You don't kill anyone nor use them but you are assisting terrorism. You are to be jailed along with your buddies. :)

i dont think it is either

i dontr believe it is as they give us an embed code -shrugs

I wrote the blog post linked to in the beginning after quite some research into the issue. The post is intended to serve as a guideline to webmasters and as a warning.

The quick and simple answer is - yes it is. If you embed/link to a video that is showing infringing content (e.g a screener of a movie etc.) you are aiding the infringement of that product. That's known as contributory infringement. Chances are slim that action would be taken against you (as a smallish site), but there is still a chance.

If your site/forum is run for the sole purpose of sharing links to copyrighted materials the chance of being sued or other action taking against you increases exponentially.

The point I'm was trying to make is that webmasters need to be aware of the danger when embedding videos, and that you need to use common sense. If the video is the latest blockbuster release or anything else that's obviously copyrighted material... then you should definitely not be embedding it.

It isn't illegal because you aren't hosting the content. Just as it isn't illegal for me to link to a rapidshare link that has warez or similiar, but it is for me to host it.

Also, read the date of threads when you post...

I don't see why it would be illegal, as your not hosting it.

It isn't illegal because you aren't hosting the content. Just as it isn't illegal for me to link to a rapidshare link that has warez or similiar, but it is for me to host it.

Also, read the date of threads when you post...

Sorry about not checking the date...

It doesn't matter that you aren't hosting the content you are still participating in the infringement of the copyright. Linking to a rapidshare link containing copyrighted material (warez) would definitely fall under the contributory infringement.


Question: What is contributory infringement?

Answer: The other form of indirect infringement, contributory infringement, requires (1) knowledge of the infringing activity and (2) a material contribution -- actual assistance or inducement -- to the alleged piracy.

Posting access codes from authorized copies of software, serial numbers, or other tools to assist in accessing such software may subject you to liability. Providing a forum for uploading and downloading any copyrighted file or cracker utility may also be contributory infringement. Even though you may not actually make software directly available on your site, providing assistance (or supporting a forum in which others may provide assistance) in locating unauthorized copies of software, links to download sites, server space, or support for sites that do the above may contributorily infringe.

To succeed on a contributory infringement claim, the copyright owner must show that the webmaster or service provider actually knew or should have known of the infringing activity.

Source: Chillingeffects (http://www.chillingeffects.org/dmca512/question.cgi?QuestionID=268)

it should be...:rofl:

most of the smaller sites that function like you tbe hate embeding, it's just a form of hotlinking and hijacked bandwidth

Their video's clearly show the YouTube logo on it so I don't see where you can really be in any danger or "piracy". As said before, the provide you with tips on how to embed their videos on your site. This is how YouTube is what it is today. :) Embed away!

No... since the data being hosted isn't on your server then your all good.

It is not illegal to embed youtube videos on your site, blog, myspace.. etc.. It is illegal to rip videos from youtube...

Find out more info here: http://www.youtubecommunityforum.com - new youtube support database!

found this site in youtube searching for help.

If it is illegal, then youtube has to stop offering/providing embed codes for its videos. There are several other video sites doing the same thing: they offer embed video codes.