Need Legal Advice

[adi007]

hi

Suppose let's assume i embed a old tv show episode in my blog...
Now is it legal or illegal

I am just embedding the video but the video is not stored in my server....
I'm from India and the server is in overseas ..can i get in legal troubles...?

BTW i have found 10000's of sites which does that and never heard any one of them being sued ...
Note that i am not embedding movies i am embedding old tv show episodes
In many such sites,there exist a legal disclosure like..

The author is not responsible for any contents linked or referred to from his pages - If any damage occurs by the use of information presented there, only the author of the respective pages might be liable, not the one who has linked to these pages."Watch Movies Online | Full Movies For Free | Free Movies Online" does not host any video content on our server.

"Watch Movies Online | Full Movies For Free | Free Movies Online" does is link or embed content that was uploaded to popular Online Video hosting sites like Veoh.com / Megavideo.com / Youtube.com / Google Video. All youtube/veoh/megavideo/googlevideo users signed a contract with the sites when they set up their accounts wich forces them not to upload illegal content. By clicking on any Links to videos while surfing on "Watch Movies Online | Full Movies For Free | Free Movies Online" you watch content hosted on third parties and "Watch Movies Online | Full Movies For Free | Free Movies Online" cant take the responsibility for any content hosted on other sites.

We, "Watch Movies Online | Full Movies For Free | Free Movies Online", do not upload any videos nor do we know who and where videos are coming from. We do not promote any illegal conduct of any kind. Links to the videos are submitted by users and managed by users.

Any party wishing to seek legal action for breach of copyright should contact the website that is hosting the content illegally. We can provide, upon request, the contact details of each website that we link content from. Many of these are owned by Google and other major internet companies, and we wish you the best of luck speaking to their lawyer(s)

(BTW this is coolest legal disclosure that i have seen )

I know that it is still a debating issue whether embedding or linking can be treated as copyright infringement but still i need to get the advice ..

And one more thing what will happen if someone reports such sites..
I mean i don't think they will be directly sue us...
I have also heard that they will request us to remove the links to some show only..Is it true..?


BTW if all these are illegal then why the hell is sidereel legal..
They also run google ads and guess what they are premium adsense publishers..
I know that they will say that they are not adding the content and the users are adding..even i can say like that...suppose i allow the option to free register in my site and allow the users to upload shall i be safe..

It is very disgusting that some large fishes escape and MPAA,FBI will sue small fishes

Please guys lemme know your advice on these

One more thing i am not asking whether i can use adsense ads on such pages
i know i can't ...
i am just asking for legal troubles that i might get if i embed a show in my blog

 

[victor_rambo]

It depends a lot upon who is hosting the video.
For eg:

The YouTube TOS requires that the uploader will not upload any stuff for which he does not have the copyrights or permission from the copyright holder and that the uploader will upload only that stuff for which he has the rights to share.

As a viewer/embedder you are not legally obliged to investigate the claim of copyrights made by a user. You can embed any video that has been allowed to be embedded by its uploader.

So even if the video is infringing on somebody's copyright, you, as a embedding site are not liable for any lawsuit. It the uploader of the video who is liable.

Now again, as I said, it depends upon the TOS of the hosting website!

 

[Faun]

^^And uploader can itself be vindicated if he go through some law books.

 

[victor_rambo]

^^Thats the reason IPR laws are tricky.

 

[adi007]

It depends a lot upon who is hosting the video.
For eg:

The YouTube TOS requires that the uploader will not upload any stuff for which he does not have the copyrights or permission from the copyright holder and that the uploader will upload only that stuff for which he has the rights to share.

As a viewer/embedder you are not legally obliged to investigate the claim of copyrights made by a user. You can embed any video that has been allowed to be embedded by its uploader.

So even if the video is infringing on somebody's copyright, you, as a embedding site are not liable for any lawsuit. It the uploader of the video who is liable.

Now again, as I said, it depends upon the TOS of the hosting website!

Every i mean EVERY hosting site will have the TOS that one cannot upload copyrighted materials..
So that means i can easily embed without any legal issues
Cool

 

[iMav]

I don't think you will be directly prosecuted, you will be sent a request to remove the video before any legal action being taken against you or the host.

So just leave a comment saying that you don't have copyrights to the material and if any copyright is being infringed contact admin and then you can remove the vids. Though seriously, if its an old TV series (desi) no one will bother.