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  • #987251
    marx333
    Member
    • Total posts: 2
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    Hi flyingsolo

    Im looking at starting a blog/magazine that will feature embeded video from sources like youtube and vimeo and I want to do it right.

    The area regarding copyright infringement seems pretty grey when it
    comes to this online and particularly Australia. As nowadays it seems like every second site is a blog embedded with viral video surrounded by adwords.

    So heres a quick few questions if anybody knows the answers or can link me to a reputable source for information i’d really appreciate it thanks.

    If I curate and embed videos made by others on my site is this okay or will it be an infringement?

    Can i embed their videos as long as I credit the original source much like how a news program would?

    Am I allowed to profit from my site with other peoples videos
    on it from advertising?

    If i add value to their video like commentary or my opinion
    is that fair use?

    If I upload someone elses video and they demand it taken down
    and I comply will I still be open to prosecution for infringement? Or is it once I take it down the matters finished?

    Thank you

    #1161812
    Sara SEO
    Member
    • Total posts: 10
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    Hi Marx333,
    You’re right to be clear about what you can and can’t do with embedded content.

    I’ve tried to give you some brief answers to your questions below. BTW I worked for a number of years in copyright in the education sector and advised on what was permissible.

    – If I curate and embed videos made by others on my site is this okay or will it be an infringement?
    If you embed videos from other sites then you need to check the terms and conditions the creator has set allowing embedding. Many creators use the Creative Commons licences which specifically set out what you can and can’t do.

    -Can i embed their videos as long as I credit the original source much like how a news program would?
    This depends on the licence terms. Some licences just require attribution ( i.e credit line) but may also stipulate non-commercial and/or no remix.

    -Am I allowed to profit from my site with other peoples videos
    on it from advertising?
    Again this depends on the terms set by the creator of the content. If their licence is non-commercial then you can’t use the content in a commerical site.

    -If i add value to their video like commentary or my opinion
    is that fair use?
    This is essentially remix rights. If the creator grants rights to remix then you can augment the video. However, you need to be aware of moral rights which gives the creator rights in addition to copyright. The main concern here is that your additions to the original content are not derogatory to that content. Check this link out for more info: http://www.copyright.com.au/get-information/other-rights/moral-rights

    -If I upload someone elses video and they demand it taken down
    and I comply will I still be open to prosecution for infringement? Or is it once I take it down the matters finished?

    It is certainly better to comply with a take-down demand. However, it doesn’t stop a creator or owner from taking legal action for infringment.

    This is why it is always best to obtain specific permission from copyright holders for use of their works.

    You also need to be aware that Australian copyright law is different to US law (which has the ‘fair use’ doctrine). Our law has much more specific exceptions.

    Also, as you are using content online, territory becomes a bit more complicated. You may need to think about what copyright law you want to be covered by, where your website is located (server location), where the majority of your users are located.

    Copyright is a complex area and if your site will be highly dependent on using others works then you should seek further legal advice.

    Hope that helps.
    Sara

    #1161813
    Dave Gillen – Former FS Concierge
    Keymaster
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    Hi marx,

    Welcome to Flying Solo! I mainly just want to welcome you and wish you the best of luck with your venture.

    As for embedding videos, it sounds like you’re on the right track with attributing the videos correctly. On top of that, avoid anything that overtly infringes copyright like recorded TV shows and movies and copyrighted songs.

    Lastly consider that many (and I would say most) people uploading to Youtube WANT their videos embedded because they want their videos (and message, and brand, and name) seen by as many people as possible.

    So as long as you use your common sense and have the right intentions (and it sounds like you do), then you should be fine. Whether all this fits with your idea I’m not sure – it will depend on the purpose of your site and the type of videos you’re after.

    Good luck!

    Dave

    #1161814
    marx333
    Member
    • Total posts: 2
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    Firstly thank you both Sara and Dave for replying to my post, its much appreciated.

    I’ve been reading up on copyright laws and it seems that bloggers can be protected by Australian Fair dealing laws if

    COPYRIGHT ACT 1968 – SECT 41

    Fair dealing for purpose of criticism or review

    COPYRIGHT ACT 1968 – SECT 42

    Fair dealing for purpose of reporting news
    (1) A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if:

    (a) it is for the purpose of, or is associated with, the reporting of news in a newspaper, magazine or similar periodical and a sufficient acknowledgement of the work is made; or

    (b) it is for the purpose of, or is associated with, the reporting of news by means of a communication or in a cinematograph film.

    (2) The playing of a musical work in the course of reporting news by means of a communication or in a cinematograph film is not a fair dealing with the work for the purposes of this section if the playing of the work does not form part of the news being reported.

    COPYRIGHT ACT 1968 – SECT 41A

    Fair dealing for purpose of parody or satire
    A fair dealing with a literary, dramatic, musical or artistic work, or with an adaptation of a literary, dramatic or musical work, does not constitute an infringement of the copyright in the work if it is for the purpose of parody or satire.

    I’m wondering does earning revenue in relation to the copyright material negate these laws?

    And if so, wouldnt a media outlet like one on TV constitute a breech of these laws also, since they are earning money from advertising?

    On the youtube site Terms of service i states:

    Prohibited commercial uses do not include:

    showing YouTube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D

    “which then reads”

    the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales.

    Am I right that his pretty much covers me as long as I add something of value other than the video even though I have advertising on the site? And in relation, by the user allowing embed to not be blocked is that not in itself a granting of use by a third party?

    Lastly in regards to international copyright/U.S DMCA. Am I legally bound by them in Australia if my site is hosted here and I have a .com.au address?

    I’m sorry I have written so many questions here but I am of limited resources and am wanting to have the best picture of what I’m getting myself into and I also dont want to affect anyone negatively with my actions.

    You’re help with these questions is really valued and thank you again.

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