Embedding and Linking To Videos
Image: Apollo 11 Video Restoration Press Conference Newseum: Flickr Commons
MPAA Sues Two Sites....from the we-may-find-out dept
While we still need to wait for the end result of the YouTube/Viacom case to learn whether hosting infringing videos is infringement itself, there's another open question about whether or not linking to or embedding infringing videos is also infringing.
It seems difficult to understand how it could be infringing, as it's no different than pointing someone to freely available content (and, technically, linking and embedding are no different at all -- it's just some HTML). The person (or computer) doing the linking or embedding has no idea whether the content being linked or embedded is infringing -- and it seems reasonable to believe that if it's available online, there's nothing wrong with linking to it.
Yet, here we have the MPAA suing two sites that both link to and embed various movies. The two sites in question, FOMD (Found Online Movie Database) and MovieRumor, don't host the movies themselves. They merely point people to various movies that are publicly available online.
Embedded Video and Copyright Infringement
Fred von Lohmann's informative post on EFF's Deep Links makes some good points that go a along way toward lightening up this rather gloomy picture. The post points out that an embedded YouTube video is just a link. So, there is "no copy of the YouTube video being stored on your server (only the HTML code for the embed)." A post on Techdirt last week made a similar observation, noting that "[a]ll you've done is put a single line of HTML on your page."...
Citizen journalists commonly embed video clips to illustrate a story or other posting. Sometimes, the posting itself (and its dissemination on YouTube) is the story. Have you ever wondered whether embedding that video clip might lead to copyright woes? If so, apparently you're not alone....
How to Embed a YouTube Video on Your Blog
--by Marziah Karch, About.com
Code of Best Practices for Online Video
This site answers questions about a code of best practices that helps creators, online providers, copyright holders, and others interested in the making of online video interpret the copyright doctrine of fair use.
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Copyright, Fair Use and the Bottom Line
Before You Publicly Distribute Your Movie
----by Gretchen Siegrist, About.com
If you've made a movie and are interested in posting it online, distributing it on DVD or just generally sharing it with the world, you need to be certain that you own the copyright to everything contained in the movie.
This information is only for helping to identify potential problems. It is not a substitute for the advice of a practicing attorney.
YouTube Explained - Overview of the Google Video Sharing Tool
----by Marzia Karch, About.com
"....YouTube and Copyright:
"...Along with original content, a lot of videos uploaded to YouTube are clips from popular movies, television shows, and music videos. YouTube limits the length of content to clips and has links to report copyright violations. However, this requires someone verify the violation by hand..."
Image: Gold by In Veritas Lux at Flickr Creative Commons
Limitations on Liability Relating to Material Online
Case to Watch: Viacom Sues Google YouTube
Lawsuit Could Impact Digital Millennium Copyright Act (DMCA)
----by Marziah Karch, About.com
"...The part of this case that has the most potential for legal fallout is the "safe harbor" clause of the Digital Millennium Copyright Act, or DMCA. The safe harbor clause may provide some protection for companies with services that host content without review, so long as infringing content is promptly removed..."
Copyright and Fair Use
Copyright and Fair Use
Remix Culture: Fair Use Is Your Friend is attributed to the Center for Social Media, American University and presented here with the embed code available from their resource page. "....Welcome to a code of best practices in fair use for online video, and to studies and other information that help you understand the importance of fair use in maintaining an open door for tomorrow's creativity. For deeper resources, including teaching materials, background on the law, video examples of fair use in action, and other codes of practice, go to centerforsocialmedia.org/fairuse
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