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Posting a competitor's youtube video on our site- legal?

     
9:44 pm on Nov 10, 2011 (gmt 0)

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One of our competitors has put together a really good how-to regarding one of the products we offer. This video is posted on youtube.

Would it be legal for us to embed this video via youtube into our website?

My understanding would be that when a user uploads to youtube they're releasing all copyright while the video is active on youtube. Youtube's copyright allows users to embed videos on their site. Therefore, my assumption would be it's legal for us to embed this on our website.

Am I right or wrong?
11:22 pm on Nov 10, 2011 (gmt 0)

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Are you asking for legal advice or SEO advice? Your legal position depends on where you are, where your server is, where the competitor is, et cetera. So far there is no such thing as an international copyright. Countries either do or do not follow each other's rules.

From the SEO side I am wildly curious about why your competitor has put together a "really good" video about using your product. You'd expect them to make something humorous showing how bad it is, wouldn't you :) Or did you mean that you both sell the same branded product and it isn't made by either of you?
12:27 am on Nov 11, 2011 (gmt 0)

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If the video allows sharing via an embed code, then you can use it, there are no rules specifically against you because you're a competitor. If they don't like it, they can disable the public sharing option. Be aware, however, that they may add promotional material in the video for their store.
12:47 am on Nov 11, 2011 (gmt 0)

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I'm asking for legal advice.

We're both American companies so speaking from an American legal point of view.

I simplified the example. The product is a commodity but it can be difficult to assemble. They put together a good how to video that shows how to assemble it (whether it's their product or ours- they're identical).
2:43 am on Nov 11, 2011 (gmt 0)

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Legally I have no idea, but I wouldn't do it. I think the more self-sufficient you can be the better. Plus, people tend to want things in exchange. Next thing you know they're taking something from you. Seems like a bad idea.
3:54 am on Nov 11, 2011 (gmt 0)

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Why would you want to use their video? Make your own. That way you can brand it. I read somewhere that YouTube is the 2nd most used engine in terms of searches. Why not take advantage of it? You can also add a link back to your product page.
11:42 am on Nov 11, 2011 (gmt 0)

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You can embed youtube videos, they pass copyright to youtube so you are ok in that respect but if you are competitors I am sure they will know about you, at some point in time they will find the video and then add some branding pointing them to their site - I would.
3:43 pm on Nov 11, 2011 (gmt 0)

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...at some point in time they will find the video and then add some branding pointing them to their site...


But in the meantime, until you have your video done, why not use theirs?
5:21 pm on Nov 11, 2011 (gmt 0)

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I'm asking for legal advice.

We can't give legal advice. Seek an attorney.
3:00 pm on Nov 12, 2011 (gmt 0)

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Post the video - if they object, you'll hear from them. Take it down if they ask you too.
7:18 pm on Nov 12, 2011 (gmt 0)

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I always be sure and say my name and company name in all of our videos. In the end I tell the viewer what our wed address is to go and buy the product. That usually stops most from using our videos. Make your on video and people will like you much better.
7:00 am on Nov 14, 2011 (gmt 0)

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Legal or not its wrong! Are you seriously wanting to borrow/display someone elses work for your own good? Did your site get demoted due to Panda too? If you really see no problem with this, send me a dump of your website so I can reap the rewards of your hard work!
2:33 pm on Nov 14, 2011 (gmt 0)

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I'm sorry but we cannot provide legal advice.
2:57 pm on Dec 1, 2011 (gmt 0)

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If the embed code is available.. then use it!

They can always make it private, but youtube is about sharing videos.