Copyright/Legal issues

benj's picture

They have: 36 posts

Joined: Apr 2007

Hello All,

I have some questions about showing copyrighted material on a website, while you don't specifically hold that copyright. Here's the story:

My client was recently featured on a TV program, and he would like the video of this show on his website. Is it ok to just put it up, or do I need to first seek permission from the TV station?

Also, what do people think about YouTube? If I put a video on my site and say it's something copyrighted, can I get in "trouble" or would that be YouTube's "fault".

Thanks so much, I'm hoping someone here can give me some pointers!

They have: 19 posts

Joined: May 2007

this is just my rule of thumb.

If I did not buy the content and get a release to use it I don't put it up at all.
If I was in your shoes I would jsut email the TV station, I have done this in the past and they had no issues with it what so ever.

Youtube, ehh weren't they just in trouble for using copywrited material on their site?

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Busy's picture

He has: 6,151 posts

Joined: May 2001

I agree with Michele78, always seek permission. If they deny permission then just link to the page of the tv shows site - don't hot link the file (link to the file on their site but display on yours)

If it was put on youtube by you, you'd get sued worse than youtube would.

There have been several copyright issues with youtube lately, ranging from snipets of sports events, tv shows, concerts, paintings and I think Disney even made a mention as well.

They have: 5 posts

Joined: May 2007

You need to get permission from the TV station to show their content otherwise they can sue you.

Although the worst that will usually happen is they will ask you to take it down.

YouTube gets takedown notices all the time for copyright infringement and is facing a huge lawsuit from Viacom. YouTube is protected under DMCA safe harbor laws because it doesn't knowingly put pirated content on its site (its users do it) therefore it should be okay if it complies with takedown requests.

In your situation though you know full well you may be commiting copyright fraud by placing a video on your site (even if it is hosted on YouTube) and could theoretically get sued, if you uploaded the vid to YouTube then you would be in deeper trouble.

Truth is if you did it you would almost certainly never face legal action, especially if the clip is short the TV stuidos could not be bothered dealing with it, the worst you would get is a takedown notice.

Always best to ask the TV studio though - you never know they may say yes.

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JeevesBond's picture

He has: 3,954 posts

Joined: Jun 2002

Michele wrote: Youtube, ehh weren't they just in trouble for using copywrited material on their site?

Well Viacom is suing YouTube, but that doesn't mean that they're in trouble. Fact is most of the content on YouTube is perfectly legitimate, it makes me quite angry that certain companies are so big headed that they obviously think YouTube couldn't exist without them. They see people watching stuff online instead of on the tv and assume it must be their content.

Also having clips of content on YouTube helps advertise programmes, now the 70 million people signed up to YouTube wont see clips of any Viacom programmes. They'll see plenty from the BBC though.

You say YouTube is in trouble, I say Viacom is in trouble.

*** EDIT ***

benj wrote: My client was recently featured on a TV program, and he would like the video of this show on his website. Is it ok to just put it up, or do I need to first seek permission from the TV station?

The tv station probably owns the rights to that video so: yes, seek permission. Smiling

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benj's picture

They have: 36 posts

Joined: Apr 2007

Is there a good article somewhere on the web that talks about how it's illegal to post images, videos, etc. like in this situation that I could show my client?

They have: 151 posts

Joined: Aug 2007

It is always wise to be on the safe side of everything here in our industry. I think its best to ask the TV show a release order to your client. Or you can just put a link of the video redirecting to the TV shows page where they feature that particular episode should they happen to have one Smiling

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bluviper's picture

He has: 1 posts

Joined: Aug 2007

Hi guys! im new here... while browsing threads, i saw this one and eventually caught my attention.
so i hope you guys dont mind me jumping in...

what if you got an image on the web, edited something from that one and eventually resulting to a different kind of image than before, tho if the original author of that image sees it, he/she will automatically notice it..
i mean, is that legal? since the original image was altered and used by other authors?!

Roo's picture

She has: 840 posts

Joined: Apr 1999

Quote: what if you got an image on the web, edited something from that one and eventually resulting to a different kind of image than before, tho if the original author of that image sees it, he/she will automatically notice it..
i mean, is that legal? since the original image was altered and used by other authors?!

Not it is not legal, and the person doing this could be caught in a nasty lawsuit if the person who created what they *stole* pursues it.

Roo

He has: 698 posts

Joined: Jul 2005

There are, however, stock image websites with various licenses on their images / photos that may allow you to do just that to their content. Please be sure to read the terms and contact the owner if necessary to prevent any legal action on your end. Wink

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santox's picture

They have: 5 posts

Joined: Mar 2010

I hate copyright on YouTube. I wanna make a bad ass music video but I can't, guess that means I got to make my own music.

They have: 17 posts

Joined: Mar 2010

If you put youtube's video on your site, then apparently it will not violate copyright laws since you are just showing the video that is already shared on you tube.

However, I personally think that whenever somebody creates a master piece whether it is a music video, a web service, a movie or any thing else, he has spend lot of his time in this effort. So he must get the reward for it. So, before sharing anybody's content on your site, you must get his permission. That's why i think

They have: 1 posts

Joined: Jun 2013

Someone i know put a video on Facebook i took it and put it on youtube he said he can take me to court is that true

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