Embedding Videos On Your Website- Is It Copyright Infringement?

By
Real Estate Agent with International Properties and Investments LLC
http://actvra.in/GnS

There is a well known court case. Are you allowed to take videos from a video site such as YouTube and place them on your website?  embedding videos on your website

There are two parts to the answer of this question. One is that YouTube has specific terms of service and use that cover state that by uploading a public video you are giving permission for others to embed that video on their websites. But YouTube is not the only kid on the video block. There are hundreds of video hosting sites. They may not all have the same TOS as YouTube has. 

The Flava Works Inc v. Gunter ( MyVidster)  court case has been settled by the Seventh Circuit Court of Appeals. The court rules that a site that embeds copyrighted videos from another site is not committing copyright infringement. 

I know a lot of artists, authors and video producers don't like the sound of that ruling, nonetheless that is the future of copyright and the distribution of content. 

The higher court ruled against the lower court who had ruled that this was copyright infringement. 

This means that you can go to YouTube and choose videos to embed on your website. You can go to any Video syndication site and do the same thing. 

What you can not do is take a copyrighted video from YouTube or any other place and download it to your computer, then put it in your video editing software and create another copy of that video and place that on your website. That is copyright infringement.

I hear agent A who get upset that agent B has embeddd Agent A's video from YouTube on to Agent B's website. The only way around this is to make your videos private which defeats the purpose of getting traffic and prospects to view your videos. I look at it this way, Agent B is linking to Agent A's YouTube Channel which is linking to Agent A's website:) That is a good thing:) 

But the reason the court ruled that embedding is not copyright infringement is because when you embed a video on your website you are only really linking back to the original content. You are not touching the data stream so therefore you are not stealing the content. 

Both Google and Facebook filed briefs in the court case in support of MyVidster. Their point is that their sites should be treated as intermediaries and not be held liable for what users do with content pertaining to infringement. 

MPAA( Motion Pictures Association of America) filed a brief supportive of Flava Works. They asked the higher court to agree with the lower court's decision. 

The court had this to say: 

“…As long as the visitor makes no copy of the copyrighted video that he is watching, he is not violating the copyright owner’s exclusive right … His bypassing Flava’s pay wall by viewing the uploaded copy is equivalent to stealing a copyrighted book from a bookstore and reading it. That is a bad thing to do (in either case) but it is not copyright infringement.”

The court ruling also protects us who embed video on our sites from being charged with copyright infringement even if that video was originally in copyright violation. The person who first uploaded the copyrighted video on to their YouTube channel is the person guilty of copyright infringement. 

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Re-Bloggged 2 times:

Re-Blogged By Re-Blogged At
  1. C. Lloyd McKenzie 08/15/2012 08:06 PM
  2. Evelyn Kennedy 08/15/2012 08:13 PM
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Comments 85 New Comment

Rainmaker
337,960
Gina Chirico
Real Estate Agent - Essex County, New Jersey
Lattimer Realty

Honestly I don't know any of the rules, laws, or injunctions regarding copyrighting videos but the only thing I can say here is that if you are prohibited by law or statute, etc., then why would YouTube give you the option of embedding a video?!  To me, that makes no sense if you weren't allowed to embed it. 

On another note, real estate agents who upload their own videos to YouTube can add your signature at the end so that if another agent steals embeds your vidoe on their website, your contact info is still there (its almost like a re-blog).

Thanks for sharing.

February 17, 2013 07:33 PM
Ambassador
1,775,048
Nestor & Katerina Gasset
Realtors, Wellington Florida Homes For Sale
International Properties and Investments LLC

I see this post was featured in the AR daily drop. I was quite surprised to say the least to see the post revived with comments! 

February 18, 2013 03:50 AM
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1,775,048
Nestor & Katerina Gasset
Realtors, Wellington Florida Homes For Sale
International Properties and Investments LLC

Gina- Agents and anyone else who is marketing online should be happy to have their videos embedded on other websites. That is getting a link back to your YouTube account from that person's website. That helps in the original video uploaders' YouTube SEO. The only way to have any video go viral is through many people posting the video on their sites and linking to it in social media. 

February 18, 2013 03:53 AM
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Nestor & Katerina Gasset
Realtors, Wellington Florida Homes For Sale
International Properties and Investments LLC

Most of your questions have been answered in my comments above. I go into detail on some of the copyright questions. I am not an attorney. I am only using the TOS from YouTube in my responses. 

February 18, 2013 03:57 AM
Rainer
134,007
Ben Yost - 303-587-4297
FHA, VA, Homepath and Jumbo - Mortgage Loans in De
First Time Home Buyer, Mortgage Rates, Pre-Approval

Good stuff! Very clear! Most people don't realize how all this works!

February 18, 2013 10:49 AM
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Nestor & Katerina Gasset

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