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papa_dukes

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yes youtube is the biggest swindle in history, they remove all my vids for the reason you mentioned... copyright violation.. yeah but 99% of what is on youtube is stolen material...

 

look at this bullshit!

 

 

Copyright Tips

 

We've been receiving a lot of questions from members about what makes a video copyright infringing and ineligible for upload on YouTube. Posting copyright-infringing content can lead to the termination of your account, and possibly monetary damages if a copyright owner takes you to court. Here are some guidelines to help you determine whether your video is eligible or whether it infringes someone else's copyright.

 

As a general matter, we at YouTube respect the rights of artists and creators, and hope you will work with us to keep our community a creative, legal and positive experience for everyone, including artists and creators.

How To Make Sure Your Video Does Not Infringe Someone Else's Copyrights

 

The way to ensure that your video doesn't infringe someone else's copyright is to use your skills and imagination to create something completely original. It could be as simple as taping some of your friends goofing around, and as complicated as filming your own short movie with a script, actors, and the whole works. If it's all yours, you never have to worry about the copyright—you own it! Make sure to follow the other guidelines in the terms of use, too.

 

Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video is infringing the copyrights of others, and we will take it down as soon as we become aware of it.

Commercial Content Is Copyrighted

 

The most common reason we take down videos for copyright infringement is that they are direct copies of copyrighted content and the owners of the copyrighted content have alerted us that their content is being used without their permission. Once we become aware of an unauthorized use, we will remove the video promptly. That is the law.

 

Some examples of copyrighted content (although not all) are:

 

* TV shows

o Including sitcoms, sports broadcasts, news broadcasts, comedy shows, cartoons, dramas, etc.

o Includes network and cable TV, pay-per-view and on-demand TV

* Music videos, such as the ones you might find on music video channels

* Videos of live concerts, even if you captured the video yourself

o Even if you took the video yourself, the performer controls the right to use his/her image in a video, the songwriter owns the rights to the song being performed, and sometimes the venue prohibits filming without permission, so this video is likely to infringe somebody else's rights.

* Movies and movie trailers

* Commercials

* Slide shows that include photos or images owned by somebody else

 

A Few Guiding Principles

 

* It doesn't matter how long or short the clip is, or exactly how it got to YouTube. If you taped it off cable, videotaped your TV screen, or downloaded it from some other website, it is still copyrighted, and requires the copyright owner's permission to distribute.

* It doesn't matter whether or not you give credit to the owner/author/songwriter—it is still copyrighted.

* It doesn't matter that you are not selling the video for money—it is still copyrighted.

* It doesn't matter whether or not the video contains a copyright notice—it is still copyrighted.

* It doesn't matter whether other similar videos appear on our site—it is still copyrighted.

* It doesn't matter if you created a video made of short clips of copyrighted content—even though you edited it together, the content is still copyrighted.

 

What Will Happen If You Upload Infringing Content

 

Anytime we become aware that a video or any part of a video on our site infringes the copyrights of a third party, we will take it down from the site. We are required to do so by law. If you believe that a video on the site infringes your copyright, send us a copyright notice and we will take it down. If you believe that we have removed a video that you uploaded in error and that you are the copyright owner or have permission, you can file a counter notice and let us know. If you repeatedly post infringing content, your account will be terminated. This is also a requirement of the law.

Using Some Copyrighted Content in Your Videos

 

While videos that are direct copies of someone else's content are clear copyright violations, there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song may be legal even without permission. This is known as the "fair use" principle of copyright law.

 

To determine whether a particular use of a short clip of a copyrighted video or song qualifies as a "fair use," you need to analyze and weigh four factors that are outlined in the U.S. copyright statute. Unfortunately, the weighing of these four factors is often quite subjective and complex, and for this reason, it's often difficult to determine whether a particular use is a "fair use." If the copyright owner disagrees with your interpretation of fair use, the copyright owner may chose to resolve the dispute in court. If it turns out that your use is not a fair use, then you are infringing the copyrights of the owner and you may be liable for monetary damages.

 

If you would like to learn more about the principle of fair use, below are a few links to websites that discuss it. Please remember, however, that your decision about whether and how to exercise your fair use rights is solely yours, and we at YouTube bear no responsibility for your decision.

Fair Use Links on the Web

 

* http://www.copyright.gov/fls/fl102.html

* http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/

* http://www.copyrightwebsite.com/Info/Law/FairUse.aspx

* http://chillingeffects.org/fairuse/

 

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

 

 

--> they can delete everything that is on their site!

 

 

 

-> check this site: http://www.dailymotion.com -> better quality and less restictive

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they're getting serious about this shit. this dude is probably going to get sued...

 

 

Fox seeks YouTube user's identity

By Andrew Wallenstein and Carl DiOrio

 

Jan 25, 2007

20th Century Fox served YouTube with a subpoena Wednesday, demanding that the Google-owned viral-video site disclose the identity of a user who uploaded copies of entire recent episodes of "24" and "The Simpsons."

 

The subpoena, which first came to light on the blog Google Watch, was granted by a judge in U.S. District Court in San Francisco after being filed Jan. 18 by the News Corp.-owned studio. It is not yet known whether YouTube has complied with the request.

 

In addition, lesser-known video site LiveDigital was served with a similar subpoena. A spokesman for LiveDigital confirmed the company received the subpoena and intended to comply immediately.

 

A Fox spokesman confirmed the subpoenas were filed and served but declined further comment. A spokesman for YouTube declined comment.

 

The "24" episodes in question actually appeared on YouTube before their primetime Jan. 14 premiere on the Fox broadcast network, which spread four hourlong episodes of the hit drama over two consecutive nights. Fox became aware thst the episodes were on YouTube on Jan. 8, according to the subpoena.

 

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Filed on the basis of the Digital Millennium Copyright Act, the subpoena includes testimony of Fox Entertainment Group vp Jane Sunderland suggesting Fox has been unable to determine the users' identities on its own. The uploaded material could cause Fox "irreparable harm," Sunderland said, but it was not immediately clear if the episodes in question still were posted on the site or had been removed.

 

However, the subpoena identifies the YouTube subscriber by the username "ECOtotal." A search under that username on the YouTube site unearths a user by that name with a banner across the top of the subscriber's page that reads, "This user account has been suspended."

 

Still, identifying "ECOtotal" won't necessarily explain how unaired episodes of "24" made it onto the Internet. Before Jan. 8, there were reports that the same episodes had popped up on illegal file-sharing sites, which might have transmitted them even before they appeared on YouTube.

 

This is not an unprecedented request for YouTube. In May, before its $1.65 billion acquisition by Google, the site complied with a Paramount Pictures request to identify a user who shot his own unauthorized short film adapted from the screenplay of the Oliver Stone film "World Trade Center."

 

But Google has a history of fighting subpoenas seeking the names of those using its services.

 

YouTube and most other similar sites typically tell content providers they will delete copyright video when alerted by owners of the material.

 

Among the content companies, much of the more aggressive policing of peer-to-peer and community-based Web sites has been by Universal Music Group. UMG has sued MySpace and others over what it calls illegal postings of its artists' music videos, and it came close to legal action against YouTube before striking a licensing agreement with that site last year.

 

Terence Clark, a copyright attorney with the Los Angeles law firm Greenberg, Traurig, said Fox, appears to be proceeding along proscribed legal lines in the matter.

 

"It's the process available under the Digital Copyright Act," Clark said. "There are certain procedures you can follow to get some information (but) this also impinges on the question of the privacy issues of the users of the sites."

 

Some sites might need to defend strongly against actions like Fox is taking, but ultimately the studio is likely to prevail, said Tom Ferber, a copyright attorney with the Pryor Cashman law firm in New York.

 

"It's always a policy decision of the entity involved," Ferber said. "So if you're the hard-news press, for instance, usually money is no object if it's seen as infringing on (your) rights. And (these sites) may have business issues of concern as well. But I think ultimately the studio is going to get the names that they want."

 

As for the 12 "Simpsons" episodes identified by the subpoena, most of them are from Season 7 of the long-running animated Fox series. One, however, is as recent as Jan. 7, while still another dates back to 1990.

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