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Using a part of a You Tube video


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#1
johnb44

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Is it legal and or possible to download part of a you tube video for use in a power point or any other media presentation. I dont expect a lot of comment on the legal question.

Edited by johnb44, 02 March 2009 - 11:11 AM.

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#2
sari

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johnb44,

I'm not sure what you mean by not expecting a lot of comment on the legal issue. but the answer is no, it's not legal. The following portion of the Youtube TOU addresses this:

The content on the YouTube Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to YouTube, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. YouTube reserves all rights not expressly granted in and to the Website and the Content.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the YouTube Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by YouTube on the YouTube Website for that User Submission.


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#3
johnb44

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That is what I thought thanks for the fast reply would you close this post I couldnt figure out how or maybe I cannt
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#4
sari

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You're welcome - I've had that question before, so I've saved that part of the TOU to make it easier for me. :)
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#5
stettybet0

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That's not 100% correct. While the concept of "fair use" in US law is too complicated to go into detail on it here (unless you really want me to... :)), in general, if you will be using the video to:

1) Critique it.
2) Parody it.
3) Use it for educational purposes.
4) Show it to a small, private audience (such as a group of family/friends or co-workers).

then the use of the video is protected under fair use. Even if you won't be using the video for one of the above purposes, the use still may be protected under fair use. Letting us know more details on how you will be using the video will help us to better advise you on the legality of the use. (Though if you will be using it commercially, it would be best to consult a lawyer, rather than an internet forum. :))

Ironically, many YouTube videos have only been allowed to remain on YouTube due to fair use.
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#6
sari

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That may be true, but he still can't copy all or a portion of the video from Youtube unless there is a download link, according to their TOU, so we can't give him advice on how to do that.
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#7
stettybet0

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Fair use is a right granted to the public on all copyrighted work. Fair use rights take precedence over the author's interest. Thus, the copyright holder cannot use a non-binding disclaimer (such as a TOU) to revoke the right of fair use on works (or any other rights, for that matter). The signing away of one's legal rights can normally only be done by a properly signed paper contract, or under some circumstances, orally if supported by witnesses or recordings, or, in even more restricted use, via electronic signatures issued by the local government. A TOU is none of these.

In addition, I don't see how providing this user assistance would violate Geeks to Go's TOU.

You may post content on this site, so long as the content is not:

* Illegal
* Obscene
* Threatening
* Defamatory
* Hateful
* Invasive of privacy
* Infringing of intellectual property rights (such as copyright and trademark rights)
* Racially, ethnically, or otherwise objectionable
* Otherwise harmful or injurious to third parties


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#8
sari

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It doesn't violate our TOU, but we won't help violate someone else's TOU. Regardless of what the fair use rules are, the TOU is what we'll use to determine if we'll help. Since we can't make the determination here of what constitutes fair use, I've applied a different standard, one which says we won't help someone bypass or violate any other site's rules.
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#9
stettybet0

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Fair enough (pun!). It's important to make the distinction, then, that just because we won't help with something doesn't necessarily make that thing illegal.
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