Forum Moderators: martinibuster
That's my understanding of it.
wrong, you do not give away your copyright when you put content on the web... you only give other sites permission to use your content, under the circumstances that both parties agree to.
wrt to adsense with google video... ask yourselves why adsense has never been used on the google video site, and why it would be o.k. for you to do it when google doesn't.
Google's reasons are theirs.
As far as copyrighted content goes: also use your good judgment when embedding the flash. If it's a clear copyright violation, don't do it.
What differs us from google video:
INAL, this is not legal advise.
You could also ask yourself why you could/should put adsense on your homepage while Google does not themselves.
I still see custom "Ads by Google" on YouTube, which is now owned by Google. In the first days of their ownership, they've removed the ads but then put them back with a custom feedback image-link on the corner.
>>>If it's a clear copyright violation, don't do it.<<<
if you don't own the content, and don't have a signed contract to use it, putting it on your website is an obvious copyright violation.
the people in this thread want to put content on their websites that does not belong to them... video or text, the principles are similar.
with most forums, the author still owns the copyrights to what they write, because it's their content... typically that means that WebmasterWorld can re-post it elsewhere, but so can the author, because the author did not give up ownership of the content.
"YouTube's existing agreement with major record companies doesn't cover royalties for music publishers that control the copyrights to the lyrics and music underlying the recordings. That means the viral video site--which is still operating independent of Google until the deal is finalized--needs to seek out deals with music artists, actors and studios. With every missed deal, YouTube will face lawsuits, and then be forced to take content down.
-wall street journal
so youtube is breaking the google tos, but it's not quite the same thing as putting adsense on the google video site itself.
wrong, you do not give away your copyright when you put content on the web... you only give other sites permission to use your content, under the circumstances that both parties agree to.
OK your right you don't sign away copyright but the second part of your statement isn't entirely correct "you only give other sites permission to use your content, under the circumstances that both parties agree to".
Here's a snipit from Youtube's User Agreement
"…by submitting the User Submissions to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the YouTube Website and YouTube's (and its successor's) business… in any media formats and through any media channels."
So basically you still technically own your content but Youtube can do whatever they want with it as if they owned it. They can edit it, resell it, use it commercially and they make all the profits and you make nothing. There is no mutual agreement. You either agree to to basically give away any say on how your video is used or you don't upload it at all. So you might as well be giving your copyright away.
So like I said in my first post you have permission to use the video from google/youtube so you are not infringing on anyones copyright. There are obvious exceptions like music video's or other video that was not created by who ever uploaded it. It's a gray area and I'm not sure what level of responsibility publishers have regarding this.
it's really good that you are setting the example for other people to always read the tos before they put their "x" in the checkbox, because once you do that, there is indeed a mutual agreement... it's a legally binding contract between you and the website.
that youtube tos is the circumstances that both parties agreed to.
>>>So you might as well be giving your copyright away.<<<
once you lose the copyright, you can't ever make money off of the footage again... so it does indeed matter.
>>>So like I said in my first post you have permission to use the video from google/youtube<<<
as you pointed out, that is not true when the content is stolen to begin with... as the publisher, you would be legally responsible for the copyright infringement, because for one thing, there is no signed contract between the publisher and youtube that would protect you.
"3. Website Access
A. YouTube hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without YouTube's prior written authorization;...
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners."
bottom line, it is not legal for publishers to use adsense with youtube videos.