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  #1  
Old 02-13-2011, 12:57 PM
oceanus oceanus is offline
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Anime Website

I wanted to know if there's is any way i could get in trouble by adding videos that have copyrighted material to my website but its hosted at another website such as megavideo or youtube.
 
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Old 02-13-2011, 12:59 PM
Attorney Jaffe Attorney Jaffe is offline
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Yes, you can get into trouble. Any material you find on the web has an automatic copyright by the person it belongs to.

Some sites will allow you to link or imbed videos from their site. You will need to check the TOS of a site to know what you can legally do.
 
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Old 02-13-2011, 01:03 PM
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Since YouTube provides imbed codes I'd think it wouldn't object to people using them. Maybe someone more familiar with the ins and outs of intellectual rights has a better understanding than I, but given they openly supply the means I'm guessing they encourage it.

added... Cross posted with answer above. My statement is not intended as a counter to Anybodys point, just an observation.
 
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Old 02-13-2011, 01:27 PM
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deepsand deepsand is offline
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Quote:
Originally Posted by oceanus View Post
I wanted to know if there's is any way i could get in trouble by adding videos that have copyrighted material to my website but its hosted at another website such as megavideo or youtube.
Where the material is hosted is immaterial to the issue of copyright infringement.

Basically, as a general rule, you need permission to use materials produced by others.

As Rob noted, sometimes that permission is broadly granted in advance. It may be explicit, i.e. in the form of a statement to the effect that reproduction is permitted subject to certain conditions; or, it may be implicit, such as when code is provided so as to facilitate your embedding the content in your page.

When in doubt, ask the holder of the copyright; if that's not practical, seek the advice of a lawyer who specializes in such matters.

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Old 02-13-2011, 08:16 PM
oceanus oceanus is offline
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Originally Posted by deepsand View Post
Where the material is hosted is immaterial to the issue of copyright infringement.

Basically, as a general rule, you need permission to use materials produced by others.

As Rob noted, sometimes that permission is broadly granted in advance. It may be explicit, i.e. in the form of a statement to the effect that reproduction is permitted subject to certain conditions; or, it may be implicit, such as when code is provided so as to facilitate your embedding the content in your page.

When in doubt, ask the holder of the copyright; if that's not practical, seek the advice of a lawyer who specializes in such matters.

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Sorry i didn't make my question clear enough. What i mean is it illegal to embed a video to my website of a anime that is copyrighted from a website such as myspace,youutube,mega video. I ask this question because i am creating one and i have seem many such as; animeseason.com,hiddenanime.com,watchop.com and many others which do the same thing with out holding any deal with the copyright owners.
 
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Old 02-13-2011, 09:12 PM
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deepsand deepsand is offline
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Quote:
Originally Posted by oceanus View Post
Sorry i didn't make my question clear enough. What i mean is it illegal to embed a video to my website of a anime that is copyrighted from a website such as myspace,youutube,mega video. I ask this question because i am creating one and i have seem many such as; animeseason.com,hiddenanime.com,watchop.com and many others which do the same thing with out holding any deal with the copyright owners.
Your question was quite clear to us.

That others are doing something does not mean that it's legal; neither will it suffice to defend you against a charge of copyright infringement.

The advice provided you stands.

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Old 02-17-2011, 06:32 PM
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It is not illegal to embed youtube videos. There are two potential video types there. The first are those uploaded by the copyright holder or with their permission. Those people have granted full rights for embedding by uploading them under youtube's TOS.

The other type is someone who does not have a full copyright like, for example, someone who makes a video to a popular song. They probably do not own the rights to the song and may not own the pictures/video either. For those videos youtube has a very good opt-out procedure where a copyright owner can claim their copyright and disable any videos they don't want used. The opt-out procedure is so good at youtube there is a very good argument that someone who has not disabled another's use of their video/music has already given implied permission.

Some copyright owners know the value of getting their product spread far and wide and do not enforce their full rights, others do not. Still you should verify this for yourself or by your lawyer against the youtube TOS since they are regularly changed.

As attorney Jaffe said though the TOS of a particular site govern.
 
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Old 02-22-2011, 10:22 PM
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Well, I don't see a problem with that, as long as the video does have the proper coyright information. You can simply add the copyright info on the caption of the video
 
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Old 02-22-2011, 10:55 PM
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Originally Posted by MrPolarZero View Post
Well, I don't see a problem with that, as long as the video does have the proper coyright information. You can simply add the copyright info on the caption of the video
The presence of a Copyright Notice does not mean that you have permission to use it.

Rather, it serves to inform you as to whose permission you need.

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Old 02-23-2011, 01:23 AM
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What you do is indexing anime series, no, it is not illegal. Else Google would be.

Still, I can 100% confirm you that you will get hit with all sorts of DMCA from publishers. They never seem to understand that if you killed the source, you'll kill the entire niche market.
 
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Old 02-23-2011, 02:18 PM
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Originally Posted by fize4ever View Post
What you do is indexing anime series, no, it is not illegal.
Indexing involves only the recording of a limited amount of descriptive data about an item, not the republishing of it.

The activity under discussion is not indexing.

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  #12  
Old 03-01-2011, 09:07 AM
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The only really stupid question is one unasked
Just FTR... I want to make it clear to anyone that sees this that the OP has been sharp enough to ask the question, and the members are not criticizing him personally, they are debating whether he can legally do what he wants to do.

It is absolutely better to ask these questions NOW than to build an entire site on an idea that in the end turns out to be subjugated to someone elses copyright and end up having to turn over the site, any moneys collected, and pay damages and/or penalties just because the proper questions were not asked beforehand. We all wish the OP well on his attempt.

Getting true legal counsel is a good idea in this scenario
My own recommendation is that in lieu of a definitive answer, seek appropriate *knowledgeable* legal counsel before investing time and money. When I say "knowledgeable" I mean just as you dont go to a podiatrist to get advice about your heart... if someone in another field has a legal sheepskin it doesnt make them an expert on the topic. That's a common error and it is a temptation to avoid regardless of the industry. Don't rely on cousin Vinny who works for the title company or the lawyer/CPA that did mom's taxes.

Seek someone in the legal field for which your question lies and get an answer you can at least point to if there's a problem. If a site is successful there is often a challenge that would not have come if a site flopped since there's a perceived benefit in chasing the question. You need to have the right answer lined up should that happen, and saving money by skipping that step can be a very expensive error.

Last edited by robjones; 03-01-2011 at 09:15 AM.
 
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  #13  
Old 03-02-2011, 07:51 AM
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I think it's okay, once those materials are hosted on other server. It's their problem.
 
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Old 03-02-2011, 12:09 PM
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Quote:
Originally Posted by MarPlo
I think it's okay, once those materials are hosted on other server. It's their problem.
Did you read this thread before posting?

If so, how did you arrive at such an erroneous conclusion?

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