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The Magic Cafe Forum Index » » Not very magical, still... » » Posting YouTube videos: Is it illegal? (0 Likes) Printer Friendly Version

Jamie D. Grant
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Hiya Gang!

This is something I really love about the Café~ with so many of us, odds are great that we can find legitimate answers to questions we have!

Here's mine:

On my blog http://blog.sendwonder.com/ I have some links to inspirational videos, and the like. Well, someone recently commented that posting them is illegal. In this instance, they were referring to the Al Pacino speech from "Any Given Sunday". Are they right? Should this be pulled down?

Thanks in advance!

~ jamie
http://www.SendWonder.com
TRICK OF THE YEAR: Industrial Revelation, BOOK OF THE YEAR: The Approach, The AIP Bottle, and my new book Scenic 52, can all be found over here: SendWonder.com
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kcg5
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I don't see how, in anyway, that it could be thought of as illegal. If so, my facebook will land me in jail.

I am not a lawyer..
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
Tom Jorgenson
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Are they saying that posting links to Youtube is illegal?

Keep doing it till somebody tells you to stop.
We dance an invisible dance to music they cannot hear.
Jamie D. Grant
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Lol, that's been my theory. But it got me thinking, despite what we can get away with, is this actually against the law (copyright)?

And, yeah, referring to posting links to YouTube, thereby becoming an accessory through distribution...
TRICK OF THE YEAR: Industrial Revelation, BOOK OF THE YEAR: The Approach, The AIP Bottle, and my new book Scenic 52, can all be found over here: SendWonder.com
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kcg5
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If its on youtube, the copyrights should be their worry
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
Magnus Eisengrim
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Who is the "someone"? Is it someone connected with copyright? If you go to youtube and look at any Van Morrison material, for example, you will see a copyright notice every time--Morrison's legal people insist on it.

The identity of the "someone" may provide a key to whatever action you take.

John
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.--Yeats
gdw
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Depends on if they want it to be or not.

It is generally said that those hosting copyrighted material are the ones in violation, however, the recent crack down on sites have included sites that do nothing more than what google does, that is, provide links to the sites that host the material, via searches.

So, if they want, it is possible to come after someone for simply linking to the place that has the "protected" material.
"You may say I'm a dreamer, but I'm not the only one."

I won't forget you Robert.
EsnRedshirt
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See laws concerning "Fair Use" for full legality, but at the very minimum, politeness dictates that the material should be properly sourced.
Self-proclaimed Jack-of-all-trades and google expert*.

* = Take any advice from this person with a grain of salt.
kcg5
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Most of the youtube videos that use copyrighted music do post, as required (I think), the Fair Use paragraph in their description.


http://www.youtube.com/watch?v=GidwzOYiPl0

http://en.wikipedia.org/wiki/Fair_use#Fa......Internet
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
Magnus Eisengrim
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The problem with appealing to "fair use" is that it is part of US copyright legislation only. Even if Fair Use applies for US users of US-copyrighted materials, it does not follow that Fair Use gets you off the hook.

John
The blood-dimmed tide is loosed, and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity.--Yeats
Jamie D. Grant
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Sorry guys, my coffee has worn off, lol! So, with regards to:

http://blog.sendwonder.com/2011/01/fight-for-you-inch.html

is this "Fair Use" then, and I'm doing nothing wrong? Maybe a poll is in order!


Is it ILLEGAL ~and should be removed?

YES (Remove it):
NO (Leave it up):
TRICK OF THE YEAR: Industrial Revelation, BOOK OF THE YEAR: The Approach, The AIP Bottle, and my new book Scenic 52, can all be found over here: SendWonder.com
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kcg5
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YES
Nobody expects the spanish inquisition!!!!!



"History will be kind to me, as I intend to write it"- Sir Winston Churchill
Jamie D. Grant
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Any other votes? (Not that yours isn't good enough kcg5, lol)

jamie d. grant
http://www.SendWonder.com
blog.SendWonder.com
TRICK OF THE YEAR: Industrial Revelation, BOOK OF THE YEAR: The Approach, The AIP Bottle, and my new book Scenic 52, can all be found over here: SendWonder.com
Kindness takes practice. My TEDx talk
Scott Cram
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Quote:
On 2011-02-02 18:47, Jamie D. Grant wrote:
Sorry guys, my coffee has worn off, lol! So, with regards to:

http://blog.sendwonder.com/2011/01/fight-for-you-inch.html

is this "Fair Use" then, and I'm doing nothing wrong? Maybe a poll is in order!


Is it ILLEGAL ~and should be removed?

YES (Remove it):
NO (Leave it up):


If it the copyright holders decide that they don't want it on YouTube, they'll have it removed from YouTube. In that case, you'll wind up with a YouTube window notifying you that the video has been removed.

Remember, even though the video appears on your site, all the information is still hosted and being played from YouTube's servers. They're the source, and they're the place the copyright holders need to contact.
balducci
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Personally, I think it is okay (whether legal or not) to use anything on youtube.

Especially something with 6+ million views, that has been on youtube out in the open (i.e., not hidden with some misleading title) for well over 4 years (as this video clip has been).

If youtube didn't want you to embed the video on your site, it would not provide the "video embed code" for anyone to use right below the video.

Even if it is technically illegal for anyone to host or embed this video clip, it is clear that youtube is still operating and has not been shut down. Homeland Security shut down sports video streaming sites for cyberpiracy. But apparently Homeland Security has no issue with this clip on youtube. So I'd go so far as to say that if you do NOT embed the video, you are letting the terrorists win.

If there is a problem, the owner should deal with youtube.
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Destiny
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Is this what they call Guerrilla Marketing or hit harvesting?

I lose track of all the little traffic building tactics and what they are called.
Jamie D. Grant
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Quote:
On 2011-02-03 18:18, Destiny wrote:
Is this what they call Guerrilla Marketing or hit harvesting?

I lose track of all the little traffic building tactics and what they are called.


Hiya Destiny!

Do you mean on my part? Because that's not my intent here whatsoever! I'm actually quite serious as to everyone's thoughts. But lest it comes across as such, let's look at someone else's site...how about...

http://cheatingattexasholdem.com/sitepages/public_videos.htm

It looks like John has the same questions raised over at Genii. Still not a real definitive answer by the powers that be. But I guess there are gray areas in life. I just wish it was a bit more cut and dry.

I appreciate all the responses though!

~jdg
TRICK OF THE YEAR: Industrial Revelation, BOOK OF THE YEAR: The Approach, The AIP Bottle, and my new book Scenic 52, can all be found over here: SendWonder.com
Kindness takes practice. My TEDx talk
Tom Cutts
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The unfortunate business answer is:

How much are you willing to spend on lawyers to find out.

Napster was around for years before the music bis went after it, some "users" got fined tens of thousands of dollars plus their legal fees were substantial.. If you are making money off your site, either through advertising or sales, you could easily be targeted in a lawsuit.

Are you willing to pay a lawyer 60-100 thousand dollars to see if a judge will rule in your favor!

I know it sounds like party popper advice, but in business, just paying the legal fees defending yourself against a major corporation could easily wipe most people out. And yes, the corporate legal teams feed on that fact.
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