Copyright and YouTube: What are your rights?


Questioner

I have a question about copyright surrounding Youtube videos. I read an article (https://turbofuture.com/internet/Embed-YouTube-Videos---Copyright-Infringement) that states that video uploaders agree to the following paragraph in Youtube's Terms of Service: 'You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service . ~~ [youtube TOS part 6C]' This means, among other things, that embedding YouTube videos on other websites is legal, provided that the video was initially uploaded legally to YouTube, with the uploader owning the rights to the video. Embedding means that an external website links to a YouTube video, but the video can be played immediately on the website that has embedded the video. It also remains clear that the video originates from YouTube. My question is whether it is legal to start a video website that embeds large amounts of Youtube videos from semi-professional video makers but also from professional video makers, e.g. National Geographic. For example, are you allowed to embed all the programs that National Geographic has on YouTube on an external website? National Geographic still makes money through Youtube ads, but the external website can also place ads (e.g. next to the Youtube video), where the external website can make money from the National Geographic content. Is that allowed?

Lawyer

Hot off the press, the European Court yesterday in Geenstijl/Sanoma*: if there is infringement at the source (and that is very often the case on Youtube!) then you also infringe by embedding. It is also taken into account that you have a profit motive. If there is no infringement at the place from which you embed: no problem. *ruling here: http://curia.europa.eu/juris/document/document.jsf?text=&docid=183124&pageIndex=0&doclang=nl&mode=req&dir=&occ=first&part=1&cid=893634 , geenstijl message here: http://www.geenstijl.nl/mt/archieven/2016/09/europees_hof_verklaart_winstoogmerk_smerig_en_de_hyperlink_vogelvrij.html

Neem de volgende stap

Blijf niet rondlopen met vragen over je situatie. Stel je vraag en krijg persoonlijk antwoord van een ervaren jurist.
Privacy is gewaarborgd.