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Post by Elliot Kane on Apr 10, 2008 11:54:51 GMT
YouTube have a deal with a lot of the record companies that allows those music videos to appear on their site, though. As long as they have those deals, there's no infringement.
On the other hand, if you have a suggestion for better wording for the disclaimer, though, I'd love to hear it. Legal stuff is not my speciality, as you can tell...
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Post by hector on Apr 10, 2008 12:08:55 GMT
Delete this:
"1. All content that is copyrighted needs to be linked to rather than shown directly unless permission is given by the copyright holder. This includes music videos and TV shows. Apparently, showing the vid directly on site counts as 'performance' or 'broadcasting' according to the MPAA, and they have prosecuted people - and won, believe it or not! - for showing YouTube stuff directly on site. So we can't allow that. Please err on the side of caution. Linking seems to be OK as we are not transmitting it that way."
to
"Do not link or embed videos of copyrighted material"
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Post by Elliot Kane on Apr 10, 2008 12:12:47 GMT
Thanks, Hec. Won't hurt the clarity angle, too
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Post by Elliot Kane on Apr 10, 2008 12:25:39 GMT
This is getting confusing... I think I'm going back to the drawing board on the rules for this one...
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Post by hector on Apr 10, 2008 12:33:06 GMT
This is an actual letter from the MPAA, BTW:
"Under U.S. copyright law, those who display or perform copyrighted works without authorization and those who assist, facilitate, or induce inllingement by others are themselves liable. By indexing. linking to. framing, transmitting, retransmitting, providing access to, and/or otherwise assisting us in streaming, infringing copies of motion pictures and television shows emanating from various unauthorized sources on the Internet, is violating U.S. copyright law."
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Post by Elliot Kane on Apr 10, 2008 12:35:46 GMT
Give the new version a look please, Hec. See if it looks OK...
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Post by hector on Apr 10, 2008 12:37:36 GMT
This is getting confusing... I think I'm going back to the drawing board on the rules for this one... No it's not. But you've been misinformed. I saw that you amended the rule again to include "broadcasting" Forget about that. Really, just take it out of your mind. I don't know where you read it or who told you, but it's not true. Now that that is out of the way, just ask. What is it that you're confused about?
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Post by Elliot Kane on Apr 10, 2008 12:39:51 GMT
Pretty much everything...
Does the legal disclaimer: "We are not responsible for the content of third party sites" deal with the linking problem? In other words - it's up to YouTube to make sure their vids are legal for them to show.
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Post by hector on Apr 10, 2008 12:54:15 GMT
Pretty much everything... Does the legal disclaimer: "We are not responsible for the content of third party sites" deal with the linking problem? In other words - it's up to YouTube to make sure their vids are legal for them to show. More or less, but it's actually two different questions. Is up to YouTube to make sure their videos are legal? Yes, it is. But they can't possibly police them all. Yesterday I was watching the IMAX preview of The Dark Knight hosted in YT, and it's still there because they uploaded with a name that had nothing to do with the content. Also, even though we can only embed YT videos here, we can link to, well, anything. I could easily post a link to Clooney's latest movie "Leatherheads" if I wanted to. But is it enough to cover you? Yes, it is. Not because it's a bulletproof legal statement, you'd need to do quite more than that to be fully protected, but because by instating it as a rule to be enforced, members here are going to follow it.
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Post by Elliot Kane on Apr 10, 2008 12:56:38 GMT
Good! **Breathes again** Thanks for all your help, Hec
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Post by hector on Apr 10, 2008 13:02:07 GMT
Besides, there is really not that much that you can do. You already:
1) Stated that no linking and embedding of copyright material is allowed (though if you want the reason to be accurate, you could say that "Linking to copyrighted material not publicly available by the copyright holder is considered contributory copyright infringement"
2) Stated that you will remove any link upon notification.
I was serious when I said that you could add repeated posting of copyrighted material a bannable offense.
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Post by hector on Apr 10, 2008 13:03:40 GMT
But in about a month. After I upload Iron Man.
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Post by Elliot Kane on Apr 10, 2008 13:04:38 GMT
ROFL! ;D
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Post by hector on Apr 10, 2008 13:08:39 GMT
I see that you removed the reference to links.
Just remember that the notification by the MPAA I posted a few posts ago was sent to a site for linking. Not embedding, not hosting, but linking to videos.
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Post by Elliot Kane on Apr 10, 2008 13:15:24 GMT
Yeah. I figured it's impossible to know whether what you're linking to has permission or not. I figured the third party disclaimer took care of that. You reckon it should go in regardless?
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Post by hector on Apr 10, 2008 13:21:26 GMT
Well, yeah. It's actually way more important. You can only embed YT videos, and that's one site that does police its content. I thought I made it clear, the disclaimer is mostly just words, the most important part is making sure that the members don't post copyrighted material. And by that I don't only mean streamed videos, but torrent sites and the like
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Post by Elliot Kane on Apr 10, 2008 13:24:34 GMT
That's the section specifically for YouTube, though. You guys know not to link to stuff like BitTorrent anyway.
As YouTube only, is it OK?
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Post by hector on Apr 10, 2008 13:25:42 GMT
Yes, because you can still link to copyrighted You Tube videos.
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Post by hector on Apr 10, 2008 13:28:44 GMT
Actually, linking to a copyrighted video (YT or otherwise) is *worse* than linking to a Bit Torrent site, from a legal standpoint.
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Post by Elliot Kane on Apr 10, 2008 13:29:55 GMT
Yes it's OK, or yes it's not OK?
I think my brain is imploding! ;D
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