Hosting Music Videos from Youtube

[darkmikey]

Hi
I have recently started a website hosting various videos from youtube including music videos that have been recorded off tv and I wish to know if this is illegal or not. I also want to know if it is illegal to host 30second or in some cases 2 or 3 minute clips from tv shows such as the Simpson's or Ronnie johns half hour that were taken from youtube. I have closed my site until I know the legality of this and would appreciate answers.

 

[Michael Wechsler]

Hi
I have recently started a website hosting various videos from youtube including music videos that have been recorded off tv and I wish to know if this is illegal or not. I also want to know if it is illegal to host 30second or in some cases 2 or 3 minute clips from tv shows such as the Simpson's or Ronnie johns half hour that were taken from youtube. I have closed my site until I know the legality of this and would appreciate answers.

"recorded off tv" -- that is a good way to have your site shut down, unfortunately. The videos are the property of the TV station and if there are two areas of law that are rigorously enforced, it is videos and ringtones - unless you are Google and the owner may want to make a deal! Videos of any length that are owned by another individual who did not grant you rights to use it are unlawful. However, many video sites limit the time length of the videos to show that they aren't trying to contribute to copyright infringement by not allowing full program uploads. However, part of that "safe harbor" is removing videos that are copyrighted in a reasonable manner.

 

[darkmikey]

thanks, but what about if I embed items from youtube directly using the provided code would that shift liability to youtube and off me

 

[seniorjudge]

thanks, but what about if I embed items from youtube directly using the provided code would that shift liability to youtube and off me

You think someone will fall for that?

 

[Michael Wechsler]

thanks, but what about if I embed items from youtube directly using the provided code would that shift liability to youtube and off me

LOL to the comment although actually this is actually a good question. Take a look at what YouTube does - they host videos but don't brand them. Their player "brands" the video with a bar across the bottom but for distribution leaves the videos clean. There is an imminent lawsuit brewing over branding videos where a Gawker employee branded Rosie O'Donnell videos and posted them on YouTube - you can understand why Gawker's CEO was embarrassed... and possibly a little nervous as well!

Now I'm not saying that replaying YouTube's videos and branding them with a player leaves you free and clear (especially if you're making a lot of money from the plays) but it surely puts you further down the list in terms of priorities of whom to sue and whom to send cease and desist letters. There is also the legal difference between an actual infringer and a "contributory" infringer, which you may be by helping people watch infringing YouTube videos. At the end of the day, if you are making enough money and attracting enough attention there will come a point where you will be sued, regardless of whether at the end of the day you'll be at the "right" side of the fence. Many do it because they think it's worth the risk, the others justify it and think there is no legal issue.