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Thread: Legal Stuff

  1. #1
    Regular Coder BabyJack's Avatar
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    Legal Stuff

    Hi, I'm thinking of starting a video sharing site -is there any legal stuff involved with these type of sites?

    Especially since I'm expecting people to upload music videos etc...
    Plus, since I'm quite young, I don't want anything involving legal stuff -rather than learning about it.

    Warm Regards
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    Quote Originally Posted by BabyJack View Post
    Hi, I'm thinking of starting a video sharing site -is there any legal stuff involved with these type of sites?

    Especially since I'm expecting people to upload music videos etc...
    Plus, since I'm quite young, I don't want anything involving legal stuff -rather than learning about it.

    Warm Regards
    Seems you are hosting the actual video. If there is any illegal content on your server, you will be held responsible. You are responsible for what is on your own site, regardless of who put it on. You would have to moderate the content, or you might face some legal issues. I'm talking about copyright content, violence and drug promotion etc. Anything illegal.

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    Are you interested in making money from this, or is this just because you think it'd be a cool site to be a part of? My point you might be getting is this:

    You most definitely can be held responsible for what others upload to your site. As it was already stated, illegal content could pop up left and right on your site and most likely you would be held accountable. It's a good thing you've had your suspicions about this before you ran into problems.

    Just think about it. If people start uploading TV shows on your site, do you think the TV networks are going to send cease and desist letters to your users or to you?

    If you sought advice from a lawyer who says it's alright, do you still want to risk it?

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    Senior Coder gnomeontherun's Avatar
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    Umm, it depends a lot on the legal guidelines set by the country of your SERVER, not your country. TV shows are hosted on sites in countries who just don't care about copyright infringement and those legal issues, and there isn't really much to be done about that far as I know without really good lawyers and probably a mafia.

    I do not pretend to know all of the rules with regards to this, but my thoughts are to avoid doing the site really.

    No offense, but video sharing sites are a dime a dozen right now. Unless you can assure a niche market with quality content, I wouldn't even bother, IMO.
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    If the site will be hosted in the states, like youtube, I think that would mean that your protected by the safe harbour thing in the DMCA. Someone correct me if I am wrong, but I think it means that you have to comply with all takedown requests.

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    Senior Coder twodayslate's Avatar
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    Quote Originally Posted by millsi80 View Post
    If the site will be hosted in the states, like youtube, I think that would mean that your protected by the safe harbour thing in the DMCA. Someone correct me if I am wrong, but I think it means that you have to comply with all takedown requests.
    you don't have to comply, you will just get sued up the bum.

    most likly you site will never become popular and thus no will care and thus you will never get sued.
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    Regular Coder Deacon Frost's Avatar
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    I created a video site, but I didn't allow users to upload content. If you're allowed to embed, I'd figure that as long as you maintain the rules of your host, you should be able to embed whatever you want on your site?

    If the content isn't actually on the server, and is just linked to, then there's no reason for you to get in trouble.

    Youtube allows embedding for a reason, to spread user videos. You don't make money off of other people's work, so I don't see the issue.

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    Senior Coder twodayslate's Avatar
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    Quote Originally Posted by Deacon Frost View Post
    I created a video site, but I didn't allow users to upload content. If you're allowed to embed, I'd figure that as long as you maintain the rules of your host, you should be able to embed whatever you want on your site?

    If the content isn't actually on the server, and is just linked to, then there's no reason for you to get in trouble.

    Youtube allows embedding for a reason, to spread user videos. You don't make money off of other people's work, so I don't see the issue.
    wrong. most hosts don't even allow linking to illegal content. and with more and more laws coming out even pointing to illegal content is illegal.
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    Senior Coder gnomeontherun's Avatar
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    Quote Originally Posted by Deacon Frost View Post
    If the content isn't actually on the server, and is just linked to, then there's no reason for you to get in trouble.
    You are responsible for anything on your site, and responsible by the guidelines based on the location of the server. If my server is in the UK and links to stuff in Malaysia, if it is illegal then you are still obviously connected to the content. However if everything is hosted on the Malaysia server, I don't think there is much to do if it is owned by someone from the UK. Its like if you are an American, you can underage drink in Europe, because the laws in Europe don't prohibit an 18 year old from drinking. So the American may be breaking a law, they aren't able to be prosecuted for it because of the LOCATION. However if you are an American connected with providing alcohol illegally to minors from another country, your situation is much different. There is likely to be something that police could do in response.

    So again, the legalities are based largely on the country that hosts the site and the content, not just the illegal content. A link is content, and can be prosecuted as such.

    That said, if you can ensure all video is UNIQUE and without copyright issues, and if anything does fall in dispute that you agree to remove it upon notice, you can do it. That is how YouTube works, if something is illegally put on YouTube, someone has to file a copyright issue before its taken down. That is why there are still so many illegal videos, but the issue is taking the time to really remove them. And sometimes they are good, like commercials, why wouldn't a car company want someone to post their commercial as 'an awesome video, check it out!'

    Again, if you can't find a niche market for your videos, then I suggest against it for the main reason that the market is already overbloated by people who said "YouTube was so successful, if I just copy it I can make millions!" and are now poor because it just doesn't work.
    jeremy - gnomeontherun
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    Senior Coder twodayslate's Avatar
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    Quote Originally Posted by jeremywilken View Post
    You are responsible for anything on your site, and responsible by the guidelines based on the location of the server. If my server is in the UK and links to stuff in Malaysia, if it is illegal then you are still obviously connected to the content. However if everything is hosted on the Malaysia server, I don't think there is much to do if it is owned by someone from the UK. Its like if you are an American, you can underage drink in Europe, because the laws in Europe don't prohibit an 18 year old from drinking. So the American may be breaking a law, they aren't able to be prosecuted for it because of the LOCATION. However if you are an American connected with providing alcohol illegally to minors from another country, your situation is much different. There is likely to be something that police could do in response.

    So again, the legalities are based largely on the country that hosts the site and the content, not just the illegal content. A link is content, and can be prosecuted as such.

    That said, if you can ensure all video is UNIQUE and without copyright issues, and if anything does fall in dispute that you agree to remove it upon notice, you can do it. That is how YouTube works, if something is illegally put on YouTube, someone has to file a copyright issue before its taken down. That is why there are still so many illegal videos, but the issue is taking the time to really remove them. And sometimes they are good, like commercials, why wouldn't a car company want someone to post their commercial as 'an awesome video, check it out!'

    Again, if you can't find a niche market for your videos, then I suggest against it for the main reason that the market is already overbloated by people who said "YouTube was so successful, if I just copy it I can make millions!" and are now poor because it just doesn't work.
    Spot on!
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    Regular Coder BabyJack's Avatar
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    Thanks for the input!
    I've taken the time to decide to invest on some good animation programs and make videos and host them -so they're unique and I won't have to get into all of this legal business.

    Thanks a bunch,
    BabyJack
    Enlightenment in Coding
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