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Thread: DMCA issues ?

  1. #1
    Join Date
    Aug 2013
    Posts
    90

    DMCA issues ?

    Hi, I am not sure is the VPS topic a proper place for my question If not maybe someone can place it on the proper place.

    Anyway I run football website where I add like a lot of other world popular sites videos from youtube and dailymotion which have embed codes. I dont upload them or make them nor on my site nor on dailymotion.

    Few days ago I received an email

    " The Football Association Premier League (the Premier League) is the
    governing body of the Premier League football competition (the Competition).
    In that capacity, the Premier League is mandated by its member football
    clubs to control and license any and all audio visual rights to all football
    matches played as part of the Competition.

    We have noticed that your Web Site XXX is
    displaying and/or offering the Premier League's audio visual content.

    As you have neither sought nor obtained permission from the Premier League
    or any of its authorised licensees to use this content, your present use is
    an infringement of the Premier League's rights.

    Please immediately cease all such infringements on any and all of your web
    sites and confirm to us via email that you have done so.

    Nothing in this letter is intended or shall be construed to constitute an
    express or implied waiver of any of the Premier League's rights or remedies,
    including any rights or remedies in respect of any infringement not
    expressly stated, whether current or in the future, all of which are
    expressly reserved."

    *** My respond in short version was : We dont upload/make any of those videos .Our site simply acts as the search engine. We use embed codes, for any copyrights issues, you should contact Dailymotion. When they remove these videos, they will be automatically deleted from our site.

    Again I received a similar email and again I respond on similar way providing more informations and example of these popular sites which do the same for 5 and more years.

    My country's biggest websites ( News media in Europe) even do the same.

    Again i received the same email more or less and a notification that if i dont stop they will contact my ISP.

    So my question is , am i doing something wrong as i do believe i dont and that these issues are related to dailymotion / youtube not to me or my site as i dont upload /make them.

    And any idea what I can do about it ?

  2. #2
    Join Date
    Jun 2000
    Location
    Alabama of course
    Posts
    1,576
    While I'm not lawer and can't really give legal advise here are my thoughts on the matter.

    For reference see the original article here:
    http://www.dmlp.org/legal-guide/link...hted-materials


    In a nut shell, I think your circumstance falls under this tid-bit.

    The situation changes when you knowingly link to works that clearly infringe somebody's copyright, like pirated music files or video clips of commercially distributed movies and music videos. In this situation, you might be liable for what is known as "contributory copyright infringement." Contributory copyright infringement occurs by "intentionally inducing or encouraging direct infringement" of a copyrighted work.

    You're best bet is to comply with the take down requests and remove the links to the infringing content. You can't really use the argument that X site displays it so when its remove there it will be removed here, considering that, they are asking you specifically to not link to it.

    Also consider the potential that site X is licensed to display the content but your site is no.
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  3. #3
    Join Date
    Aug 2013
    Posts
    90
    Thanks for this link. For 2 days i was searching / reading and could not find anything similar to this. This is really weird, over 90% of youtube / dailymotion videos for sure are not legal or have some copyrights issues. On this way anyone who see it, likes it, or share a link on facebook, twitter and so on can be reliable and sued because of it. The thing is my site is pretty much all about these videos, and my main income.

  4. #4
    Join Date
    Jun 2000
    Location
    Alabama of course
    Posts
    1,576
    For the most part I'd say that is true based on the letter of the law. However it's all a matter of how much $ and resources they want to spend to go after someone.

    DMCA's are cheap and effective means of stopping copyright abuse and there are companies dedicated to defending your copyright by sending out a ton of complaints for you to defend your works.

    Some sites can get away with journalistic license to "review" something. I believe it is no more than 18 seconds of a clip and or song can be used without the approval of the copyright holder but don't take my word for it as it's been a while since I have researched that specific portion.
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