Youtube and Copyright
Youtube and Copyright
Hello. I have noticed that some people on here have used Youtube links in posts. I am curious to hear anyone's thoughts on watching videos on Youtube that may have been posted without the copyrighter's permission. I believe that it may not be as cut and dry as individuals downloading entire movies or songs but it is still something that I am not comfortable with personally. To be honest I don't have a complete understanding of this issue.
Last edited by Guest on Wed Dec 31, 1969 7:00 pm, edited 0 times in total.
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_darin-houston
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First, I'm an intellectual property lawyer, so I know a thing or two about copyright and yet also don't have a complete understanding of this issue. Second, though, it's a terribly unresolved issue and I have no particular insight in it beyond the following, which (as a disclaimer) is not to be taken as legal advice.
Phew... that said, there are a number of court cases working out some of these issues. In general, though, the posting of links is not only permitted by YouTube, but encouraged. So, with respect to YouTube, there's no concern.
With respect to the copyright of the original content owner, it's more difficult. Whether YouTube can provide them is a tricky question. If content is clearly something for which the owner would object to its publication, YouTube probably isn't entitled to do anything but post a brief snippet, but that's very murky ground and a case is pending in which they are probably going to be given some guidelines on how to "filter" content to protect them and their users from inadvertent infringement.
Less murky is the posting of the links here -- in the context most of them are provided (for teaching, commentary criticism and discussion) they would probably be fair use even if the original material is subject to restrictions. If the link is provided for "fun" or just to show something of interest to folks, it's not going to be protected by this exception and you would not want to post, for example, a link to a scene from your favorite movie just so folks could watch it.
Remember, though, that the vast majority of stuff on YouTube was probably posted by the owner for the very purpose of dissemination in this way. You just have to exercise some discretion.
Phew... that said, there are a number of court cases working out some of these issues. In general, though, the posting of links is not only permitted by YouTube, but encouraged. So, with respect to YouTube, there's no concern.
With respect to the copyright of the original content owner, it's more difficult. Whether YouTube can provide them is a tricky question. If content is clearly something for which the owner would object to its publication, YouTube probably isn't entitled to do anything but post a brief snippet, but that's very murky ground and a case is pending in which they are probably going to be given some guidelines on how to "filter" content to protect them and their users from inadvertent infringement.
Less murky is the posting of the links here -- in the context most of them are provided (for teaching, commentary criticism and discussion) they would probably be fair use even if the original material is subject to restrictions. If the link is provided for "fun" or just to show something of interest to folks, it's not going to be protected by this exception and you would not want to post, for example, a link to a scene from your favorite movie just so folks could watch it.
Remember, though, that the vast majority of stuff on YouTube was probably posted by the owner for the very purpose of dissemination in this way. You just have to exercise some discretion.
Last edited by Guest on Wed Dec 31, 1969 7:00 pm, edited 0 times in total.
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