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  1. #1
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    Is it illegal to embed dailymotion/youtube videos?

    Title says all. Recently I received an email in which person X claims that my site (part of it) needs to stop adding videos which i find online on Dailymotion / youtube because they break his client copyrights. These videos have embed code.

    These video with article in which they are bring the most of my traffic and earnings and that is the reason why i ask.

    I cant find anywhere a law which says that by adding embed videos my site I'm breaking copyrights and can be sued for it.

    Example of my email and situation I did find on the site similar to my with the same issues : I did contacted them and they told me they continued and nothing happened. Still, i want to know for your opinions and is there any law which clearly states this is a case.

    Example 1

    Example 2

  2. #2
    No, You can use embed code ONLY if you use the youtube/dalymotion default player

  3. #3
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    If the copyright holder makes them available for embedding, then you can.

    If they contact you, then tell them to go and read what they agreed to when they loaded the video to YT or vimeo or dailymotion.

  4. #4
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    If the copyright holder doesn't want his videos to be shared, then he shouldn't upload them on YouTube... Or if he uploads them on YouTube, the configure them so that embedding is not allowed (there is an option for this).

    Since you are using an option provided by YouTube and not disabled by the video uploader, you are not doing anything illegal.
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  5. #5
    I think last year there was a big case, when an adult video company sued a website for embedding copyrighted videos. At the end of the day the court ruled in favor of the defendant and this was the moment that underlined how such cases in the future will be handled. Embedding and watching videos is not a crime. The only time it is considered such is if an uploader puts a copyrighted video in Youtube for example. And in such cases the uploader is the only one responsible should a copyright dispute arises - the embedders can suffer only when the forementioned video are taken down in the source and it fails to load on their site
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  6. #6
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    Hey guys thanks for your thoughts. The thing is, I' m aware of all this, but I am not sure how to procede with it. Of course i dont upload /host or even make these videos and then upload them for an example on youtube.

    Still, i told in a reply that my site doesnt host/upload/make these videos several times.



    As far i understand Dailymotion provides permission for this when they allow embed code.These vidoes are under their copyrights, when they give embed codes, any copyrights issues is with them. We , once again dont want to break any laws nor we intend with someone's copyrights.

    Once again, I am not sure did you read a part or checked " We dont make - upload or host any videos which can be found on our site " . For copyrights related to dailymotion or youtube videos it is advise to contact websites which are hosting them. When these vidoes are removed from Dailymotion/ Youtube they will be automatically deleted from our site , as WE , Dont host them.

    Still the answer was the same.
    - Dear Sirs,

    Thank you for your email.

    Regardless of the source of the clips, your website 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.

    If you fail to cease displaying the Premier League's audio visual content, we will be forced to contact your ISP to ensure compliance.

    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.

    - I fully understand these issues. However, I cant find anywhere " Law" which suggest that adding videos trough Embed codes from youtube or dailymotion is forbidden. Making, uploading, producing such videos without copyright persmission IS. But we dont do that, we simply act as search engine and add embed codes. We dont know who has permission who doesnt, meaning if there is an embed code to video, according to dailymotion and youtube , than its legal to use that video.

    I think for the legal part you should contact dailymotion or youtube, as we dont have anything with those video.

    So please, tell us " the law" which says that using embed videos is forbiden and we will stop it.

    and once more

    Dear Sirs,

    As already stated, regardless of who is hosting the videos, your website is still displaying the Premier League's audio visual content without permission.

    Please cease this infringement immediately or we will be forced to contact your ISP to ensure compliance.

    Then they said, they will contact my isp. I contacted my host, and my host said, you are not wrong. Let him contact us.

    After that reply from host, please take videos down.

    Now, i dont know what to do

  7. #7
    Quote Originally Posted by Oneruffryderst View Post

    Then they said, they will contact my isp. I contacted my host, and my host said, you are not wrong. Let him contact us.

    After that reply from host, please take videos down.

    Now, i dont know what to do
    Couldn't get this part - did your host first tell you that there would be no issue but then contacted you to take the videos down? did they give any explanation why?

    Ok, I'm not a lawyer and I know you are seeking a more legal advice, but here is the simple logic behind things. Lets say a video is copyrighted. It has its legal bindings and so on... What are you embedding? The actual video - no. What you are taking is a simple link, a line of code, that you put on your website. Then how can this line of code be a subject of infringement? And as we can see on the letter, the content in subject is Premier League videos. I can't imagine that such a large organization like them would take their time to contact each individual that might have embedded such a link, instead of just going to the obvious source. Once the video is removed from there - its gone from all sites. Why the effort to chase each individual site to do so? And your case actually got me curious so I thread searching Google for similar cases. I haven't found a single place where I can see such a case in which the one embedding videos is guilty of something.

    That being said, again - I'm not a part of the legal system and not acquainted with the specific copyright rules of the Premier League. It just seems illogical and unreasonable for me.
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  8. #8
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    I'm not sure how copyright law actually works, and the US model with all the precedents is just insane. Ask a real lawyer!

    I'd like to point out that "embeddability" might not be the best way to look. The way they see it is that your site is using their video as part of your product and/or content. They see their intellectual property in a place they feel it doesn't belong.

    So perhaps they've not turned embed off, or perhaps someone is uploading the content without their consent. That shouldn't usually be your concern, but now you've been slapped with Cease or Desist. You've been explicitly told that the copyright holder doesn't want the video on your site. You may ignore it, but they've already made the threat to take you to court.

    If I were you, I'd either comply or contact a professional.

    This kind of behaviour is insane if the content is intended to be somewhere in the web. Usually copyright owners want it to be shared. However, US laws and lawyers don't operate on common sense.

  9. #9
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    Quote Originally Posted by Rado_Ch View Post
    Couldn't get this part - did your host first tell you that there would be no issue but then contacted you to take the videos down? did they give any explanation why?

    Ok, I'm not a lawyer and I know you are seeking a more legal advice, but here is the simple logic behind things. Lets say a video is copyrighted. It has its legal bindings and so on... What are you embedding? The actual video - no. What you are taking is a simple link, a line of code, that you put on your website. Then how can this line of code be a subject of infringement? And as we can see on the letter, the content in subject is Premier League videos. I can't imagine that such a large organization like them would take their time to contact each individual that might have embedded such a link, instead of just going to the obvious source. Once the video is removed from there - its gone from all sites. Why the effort to chase each individual site to do so? And your case actually got me curious so I thread searching Google for similar cases. I haven't found a single place where I can see such a case in which the one embedding videos is guilty of something.

    That being said, again - I'm not a part of the legal system and not acquainted with the specific copyright rules of the Premier League. It just seems illogical and unreasonable for me.

    The reason is very simple. They cant do a thing to youtube or dailymotion and they they seek trough netresults not the premier league it self, people who have embed codes.And then they threaten them.

    Something similar - http://www.chillingeffects.org/notice.cgi?sID=1021124

    http://torrentfreak.com/tv-site-sued...videos-110402/

  10. #10
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    Quote Originally Posted by nettiapina View Post
    I'm not sure how copyright law actually works, and the US model with all the precedents is just insane. Ask a real lawyer!

    I'd like to point out that "embeddability" might not be the best way to look. The way they see it is that your site is using their video as part of your product and/or content. They see their intellectual property in a place they feel it doesn't belong.

    So perhaps they've not turned embed off, or perhaps someone is uploading the content without their consent. That shouldn't usually be your concern, but now you've been slapped with Cease or Desist. You've been explicitly told that the copyright holder doesn't want the video on your site. You may ignore it, but they've already made the threat to take you to court.

    If I were you, I'd either comply or contact a professional.

    This kind of behaviour is insane if the content is intended to be somewhere in the web. Usually copyright owners want it to be shared. However, US laws and lawyers don't operate on common sense.
    I know that is my reason to ask here. I can comply, but then i bullying to something I'm not responsible. I'm not doing anything illegal. There are 10 or more high traffic site which are doing the same for 5-10 years and they are still up. Just google football highlights and you'll see it.

    i'm more worried over Dmca notice on google, or some ban from google/adsense which i run with this for 5 years. I think, if something is wrong adsense wouldnt serve their ads.At least i think so.

  11. #11
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    Couldn't get this part - did your host first tell you that there would be no issue but then contacted you to take the videos down? did they give any explanation why?


    - Yes. They did told me that.When this guy contacted them , they replied , please take these videos down.

    Again he didnt provided any information that this is a case, and its not legal to do so.

  12. #12
    Quote Originally Posted by Oneruffryderst View Post
    Couldn't get this part - did your host first tell you that there would be no issue but then contacted you to take the videos down? did they give any explanation why?


    - Yes. They did told me that.When this guy contacted them , they replied , please take these videos down.

    Again he didnt provided any information that this is a case, and its not legal to do so.
    Understood. But then how come the host did not give you the proper information/explanation of the case. As far as I'm concerned the hosting company should have a legal representative. When a copyright case is involved, the host requires some documentation for proof of the claim and pass those to their legal team. After that you should be contacted and a proper explanation, along with the documents proving that claim has to be provided. Its unprofessional to just tell you "No Problem" one day and "Remove the videos" the next day. Further more, as it sounds, Premier League are doing pure harassment, dictated by their inability to back up their claims with the original source (youtube/dailymotion). As I told you the only cases I found online, concerning such an occurrence and which went to court, were all won by the defendants. So just find a darn good lawyer and let them come at you

    P.S. But seriously - get a lawyer to at least shed some light regarding the law in such cases, just to be safe
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  13. #13
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    Yes,I'm looking for some lawyer with this kind of expertise. As far as i know in my country this is not something so big, as every sport /football related site has it, and here I'm talking about news media , the most popular news site and newspapers.

    Just so you know or someone else who is searching for similar topic , my conversation with host.

    - i told them to keep me updated

    * Sure we will update you if we get any complaints regarding your sites contents. You will be notified right away.

    * Next day : Please take the videos down, it is indeed against their copyright to do what you are doing. If you want to further go to the forums and ask people who are more knowledgeable in the law then we suggest doing so but you need to take them down so we do not need to get involved.

    This "so we do not need to get involved" surprised me.

    - I already did ask several much bigger sites did they received the same, and
    they told me that they did, and that these guys wants to scare "small
    people" as they cant fight against youtube and dailymotion where cleary
    says its free and legal to use embed codes.

    Can i know what did they told you exactly to change your mind ? Because
    according to this any video which is shared by anyone on facebook and so on
    is not legit to share. Silly really.

    After that, they sent this conversation to me as i asked for it

    " The way we have always understood and dealt with DMCA complaints is that
    unless the customer is hosting content that belongs to you, in this case
    a video there is no violation. You would need to go after whomever it is
    that is hosting this video and have them take it down as they are the
    ones with the virtual content on their servers.

    Then their response:

    Dear Sirs,

    Thank you for your response.

    Whilst the customer is not hosting the content, none of the sources they are using are authorised.

    In addition, the site is indexed to facilitate the display of Premier League audio visual content, with a highlights section and description for each piece of footage - see screenshot.

    Subsequently, the activity of this website substantiates to facilitation of copyright.

    Therefore, please immediately ensure that this site ceases infringing the Premier League's rights.

    Thank you for your time and cooperation.


    - My answer was : Ok thanks for this. They are playing stupid. Its simple. Their problem is
    with dailymotion not with me. They cant do anything to them. I dont need
    authorization of premier league when dailymotion provides authorization for
    videos with embed codes meaning they are under Dailymotion's copyrights.
    Anyway i will stop and i will contact you when i study this and contact
    andrew, and really you dont have to worry about thing.

    And their

    We are not worried, if you want to still host it I believe you are correct. It's just convincing them that you are legal in this matter. Please provide them with proof to shut them up.


    So if I understood this, they told me to bring videos down, but I still can host with them ??

  14. #14
    No offence to the guys, but judging by their responses they are a little "green" in handling any kind of legal issues and definitely don't have a legal representative of their own, to help with such cases. Looks like its up to you and your future lawyer. Hope he/she is a good one and update us when you bash them in court
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  15. #15
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    Quote Originally Posted by Rado_Ch View Post
    No offence to the guys, but judging by their responses they are a little "green" in handling any kind of legal issues and definitely don't have a legal representative of their own, to help with such cases. Looks like its up to you and your future lawyer. Hope he/she is a good one and update us when you bash them in court
    Hahaha, the thing is , I want to avoid this "court" and yes i can agree they are little green not only on this matter, on more of them, but the site works ok so far, and for now i shall stay with them,until I find something else.

    And,sure, I shall update you and people who could find this interesting.

    Kind regards

  16. #16
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    The Flava Works Inc. v. Gunter case suggests you have nothing to worry about. But sometimes the devil is in the details and what applied to Gunter may not apply to you. I would definitely contact a lawyer for advice.

  17. #17
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    Quote Originally Posted by Oneruffryderst View Post
    - I already did ask several much bigger sites did they received the same, and
    they told me that they did, and that these guys wants to scare "small
    people" as they cant fight against youtube and dailymotion where cleary
    says its free and legal to use embed codes.
    Scaring individuals and small businesses is probably what they're doing. It's not about fairness and logic of the situation. It's bullying, which unfortunately seems to be quite common with copyright watchdog organizations and legal firms. Sometimes it seems that this is done so that someone can bill for the "legal services" that accomplish nothing.

    There are hosts that will throw bogus complaints out, but if you're in US, they can still try to sue you.

    YouTube is very good at policing copyrights, but Dailymotion seems kind of fishy to me. I know that the site is hosting content from the local television channels, can't see how they would have permission to do that, and know that the content owners have been sending takedown notices to other sites.

    If you apply the thinking that goes with crimes like theft, distributing illegally obtained goods is not legal no matter how you do it. I know it's a bad idea to compare tangible and intellectual property, and I know that copyright infringement is not theft. But maybe that gets my point across. The legal ground you're standing on doesn't look too solid to me, even if you don't have that much to do with the situation.

  18. #18
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    Quote Originally Posted by xnpu View Post
    The Flava Works Inc. v. Gunter case suggests you have nothing to worry about. But sometimes the devil is in the details and what applied to Gunter may not apply to you. I would definitely contact a lawyer for advice.


    Thanks for this. Yes I'm contacting several ones and a few hosts because I still want to be able to add this videos.

  19. #19
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    Quote Originally Posted by nettiapina View Post
    Scaring individuals and small businesses is probably what they're doing. It's not about fairness and logic of the situation. It's bullying, which unfortunately seems to be quite common with copyright watchdog organizations and legal firms. Sometimes it seems that this is done so that someone can bill for the "legal services" that accomplish nothing.

    There are hosts that will throw bogus complaints out, but if you're in US, they can still try to sue you.

    YouTube is very good at policing copyrights, but Dailymotion seems kind of fishy to me. I know that the site is hosting content from the local television channels, can't see how they would have permission to do that, and know that the content owners have been sending takedown notices to other sites.

    If you apply the thinking that goes with crimes like theft, distributing illegally obtained goods is not legal no matter how you do it. I know it's a bad idea to compare tangible and intellectual property, and I know that copyright infringement is not theft. But maybe that gets my point across. The legal ground you're standing on doesn't look too solid to me, even if you don't have that much to do with the situation.
    No, I dont live in USA, I live in Europe. Or is it related to from where my host is ? Guess I would need to find a good host which has legal deparment for this kind of stuff.
    Last edited by Oneruffryderst; 12-01-2013 at 06:18 PM.

  20. #20
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    Quote Originally Posted by Oneruffryderst View Post
    No, I dont live in USA, I live in Europe. Or is it related to from where my host is ? Guess I would need to find a good host which has legal deparment for this kind of stuff.
    Yes it is. US-based company can't just ignore notices, and many don't seem to fight almost any of them. Europe is not safe haven, and hosts might side with copyright holders even if they've got no requirement to do so.

    At least they wont get you in court.

    "Offshore hosts" are a recurring topic on the forum. You could try to find another company, and ask them if they would host your site.

  21. #21
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    Well i tried to contact some high recomended hosts here, no luck. Do you know some good reliable off shore host ?

  22. #22
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    I'm hosting with EuroVPS, but I've got no idea where they stand on this issue. Also they seem to have staff/representatives in the US, so it's possible that it's in their interests to honour DMCA style requests even if they're not strictly required to do so (being a Greek company). US has ways to force foreign companies to follow their laws and trade treaties if they want to do business in America.

    Perhaps you'd get more replies if you started a new thread seeking just this information.

  23. #23
    Did you ever manage to resolve this issue?

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