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Old 07-22-2014, 03:38 PM
 
Location: Cleveland, Ohio
11,815 posts, read 13,959,030 times
Reputation: 8049

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I would venture to guess you won't find a lawyer that will disagree with me.

Please read #4 of YouTube's ToS:
https://www.youtube.com/static?template=terms

As long as our original poster abides by these rules, and it seems like he is, then he won't get sued. Sure... this is America... you CAN sue for anything. But someone is going to have a hard time finding a lawyer to take this case.

I will paraphrase.
4: Use of the Service

a) use the embedded player to share
b) you cannot alter YT
c) use the embedded player to share
d) [this one can be confusing] you cannot charge for access to watch YT videos or sell advertising. If you ARE using it to sell advertising you must have other content from other sources on the page, as well. This is basically to prevent someone from making a page LOOK like it is YouTube selling someone advertising (and a few other reasons)
e) just use the embedded player and don't do d)
f) you cannot crop any part of the embedded player
g) if you use the uploader we will update it
h) don't use robots to generate views
i) and j) blablabla

I'm not a lawyer but I work with a bunch.
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Old 07-22-2014, 10:52 PM
Bo Bo won $500 in our forum's Most Engaging Poster Contest - Tenth Edition (Apr-May 2014). 

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Location: Ohio
16,897 posts, read 33,631,471 times
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This news muddies the water a bit.

YouTube star hit with copyright lawsuit, label seeks $150,000 per song | Ars Technica

YouTube is not quite the copyright-unenforcement oasis that some people might wish that it is.
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Old 07-23-2014, 06:16 AM
 
Location: Cary, NC
34,293 posts, read 59,614,483 times
Reputation: 33322
Quote:
Originally Posted by Bo View Post
This news muddies the water a bit.

YouTube star hit with copyright lawsuit, label seeks $150,000 per song | Ars Technica

YouTube is not quite the copyright-unenforcement oasis that some people might wish that it is.
But, the "star" is using the music/audio only for her videos, not embedding YouTube videos.

This would appear to be violation of the general rules that Peregrine posted, if she is downloading the songs from YouTube.
If not, and she is just using the songs for commercial promotion of her channel without consent of the labels, she is probably infringing on copyright, regardless of the artists' permission.
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Old 07-23-2014, 06:37 AM
Bo Bo won $500 in our forum's Most Engaging Poster Contest - Tenth Edition (Apr-May 2014). 

Over $104,000 in prizes has already been given out to active posters on our forum and additional contests are planned
 
Location: Ohio
16,897 posts, read 33,631,471 times
Reputation: 13848
Quote:
Originally Posted by MikeJaquish View Post
But, the "star" is using the music/audio only for her videos, not embedding YouTube videos.

This would appear to be violation of the general rules that Peregrine posted, if she is downloading the songs from YouTube.
If not, and she is just using the songs for commercial promotion of her channel without consent of the labels, she is probably infringing on copyright, regardless of the artists' permission.
The interesting thing about that is that she claims to have received permission from the record label for the infringement that the record label's parent company is suing her for. People who work for the same content company don't agree on what's legal anymore.
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Old 07-23-2014, 07:42 AM
 
40,182 posts, read 41,790,512 times
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Quote:
Originally Posted by MikeJaquish View Post
This would appear to be violation of the general rules that Peregrine posted, if she is downloading the songs from YouTube.
Doesn't matter what the youtube rules are. There is always the option of suing the uploader because It would be a violation of copyright law. Most of the infringing video's, e.g. a song, are not generating revenue or being used commercially by the uploader and a lawsuit may not result in much damages. They can go after her for real money.
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Old 07-23-2014, 02:27 PM
 
Location: Cleveland, Ohio
11,815 posts, read 13,959,030 times
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"Popular YouTube user Michelle Phan is being sued for alleged copyright infringement on songs she has used in her video"

This is off topic. Our OP couldn't get sued even if he used the Embedded player to share her videos as he did not upload anything.
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Old 07-23-2014, 02:38 PM
 
Location: Cary, NC
34,293 posts, read 59,614,483 times
Reputation: 33322
Quote:
Originally Posted by Peregrine View Post
"Popular YouTube user Michelle Phan is being sued for alleged copyright infringement on songs she has used in her video"

This is off topic. Our OP couldn't get sued even if he used the Embedded player to share her videos as he did not upload anything.

Agreed.

We are now talking about 2 or 3 different topics here.
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