Forum Moderators: mack
How does this work. Let's say I wanted to start my own "funny video and funny pictures" site. Could I just go crazy downloading a bunch of videos, uploading them, slapping a site together and start spreading the word about it?
What type of things do these website's webmaster do to not get sued? Is a 'disclaimer' enough? Or are they allowed to host the videos as long as they do not claim they own copyrights to them?
As you can see I am very confused and un-informed about the way this type of websites operate. I would appreciate any enlightenment. Thanks to all.
-Emilio
How are "funny videos and picture sites" allowed to host all those videos and pictures that are copyrighted. Almost 100% of the time, these websites do not give credit to the copyright owner.
Copyright 101: you have to have actual permission to post the content, you don't just "give credit" and hope to avoid a lawsuit
Most of the time I doubt they even know where the video came from.
How do you think the copyright owner is going to find out that his/her copyright is being violated?
How does this work. Let's say I wanted to start my own "funny video and funny pictures" site. Could I just go crazy downloading a bunch of videos, uploading them, slapping a site together and start spreading the word about it?
Yes - but you'll need a good lawyer, "bullet-proof" hosting, to be ready for DMCA notices (and worse), and to be ready to go to jail if things turn out bad.
It's just like starting up as a professional bank robber. It could turn out to be a great career move, but that doesn't make it legal.
What type of things do these website's webmaster do to not get sued?
Get lucky...
Is a 'disclaimer' enough?
No
Or are they allowed to host the videos as long as they do not claim they own copyrights to them?
No
If you where to start such a site that I suggest you go down the origional content road. Don't simply use videos you find elsewhere unless you can secure permission from the true copyright holder.
By origional content I mean allow your users to submit a video. Even when doing this you really need to put mesures in place to protect yourself. I really think you need to seek profesional legal advice.
If you do launch a site like this then be prepared for large bandwidth usage. It Is not something you can just host anywhere. you realy need to be carefull when choosing a webhost. We can't offer any advice on a hosting provider within WebmasterWorld , all i can say if choose wisely.
If you only take note one piece of advice away from this thread please let it be this.
Seek legal advice as soon as possible.
Mack.
Live in a country where they will get a slap on the hand if found out.
Mack could you sticky me hosting provider(s) that you would recommend, or is that also not allowed? Thank you. I am still very interested in starting a site like this. Even while knowing the risks (or atleast some of them). I don't fully understand what webdoctor meant by "bullet-proof", can anyone explain that a little further?
What and how much protection would an LLC offer when running a website like this? And is there anybody reading this here that runs a website like this? Are there any other things to look out for?
I appreciate everyone's input. Thank you
-Emilio
I don't fully understand what webdoctor meant by "bullet-proof", can anyone explain that a little further?
"Bullet Proof Hosting" is IMHO a euphamism for those hosts who aren't as concerned about the legality and/or morality of what you're doing through their systems. Try Googling for this term and I'm sure you'll get the picture pretty quickly
You may want to find a host which won't cave in to the slightest pressure from copyright holders. Perhaps offshore / in a "flexible" jurisdiction.
You might also want to have the domain registered either through a proxy or offshore - harder for people to get at you.
I register all my domains privately, but I found out that it isn't enough for your information to be completely private, a subpoena does the trick. I'm not trying to hide though, I will probably run it/them (sites) under an LLC.
My main question is how do BIG websites of this sort get away with it. I don't want to name specific ones. (I think it's against the rules here)
The thing is that I don't want to be "hiding in a cave" just because I'm running a site like this. I believe there is a "right" way of running these sites, which you guys may or may not agree with. My main goal right now is to find that 'right' way of doing it. I know that there will always be risk, but would like to know what things I could do to lower the risk. But, I would like to lower the risk without having to 'hide', if lowering the risk is even possible.
I really wish other people would get involved in this discussion. I have been searching other forums for discussions about this topic but have found one or two.
Could anyone be kind enough to stickymail sites/forums that discuss this topic. It would be greatly appreciated. Thanks for the help so far webdoctor. And thanks to the rest who also responded.
P.S. How could someone go to jail from running a site like this? And what do you guys think the worse case scenario would be as an effect from owning/running these types of sites?
The teller would be laughing so hard that he/she would forget to hand over the money.
If you are caught red handed, all the disclaimers on Earth won't help.
Disclaimers on scraper sites are there to put off the infringed parties, the dimmer bulbs at least.
One of the most insidious disclaimers cites chapter and verse section numbers, supposedly from US laws.
The funny thing is that the scrapers scrape the disclaimer from one another!
Do you want to find a whole bunch of these operators in one simple operation?
Search for "may contain copyrighted material" and look for the phrase "specifically authorized"
right after that. You should find over 100,000 of those, 98% of which are admitted scrapers.
Many or most will cite 17 U.S.C § 107 as if this supports rather than condemns them.
Pure bluff. Picture the bank robber again. Suppose he cited relevant legal section numbers
forbidding bank holdups on his holdup-notes!
That really gets you off the hook now, doesn't it? (Don't try that out west.)
If I were Google, trying to eliminate scrapers while minimizing collateral damage,
I would take those phrases and maybe the legal section number, and go fishing.
Frankly, I would delist every page with the FULL BS disclaimer I refer to.
Other pages on the same sites would become "supplemental results" regardless.
This will never catch all the infringers, just the ones who brazenly
claim they have the right to scrape your honest content. -Larry
I suppose you are right Emilio. The topic is not scrapers per se,Correct Larry.
more along the lines of possible copyright infringement. -Larry
I am tired of people using bank robbing as a comparison to operating sites like the ones I wish to discuss. I would like specific examples, specific lawsuits that have taken place because of sites like this. I think those things can be discussed without having to reference specific websites.
Are there any other cases besides the 'star wars kid' vs sites that were hosting the famous video, and Viacom vs (popular media site which I believe I can't name)? I ask because that is all I have seen referenced on other threads I've found on this topic.
And I understand that just because we haven't heard of other cases doesn't mean they didn't take place. Thanks.
