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You Thief! Stop Stealing My Content...

by Shannon Herod
43 replies
In regards to youtube... Is it theft if you use someones videos on your own site?

What if you are using EVP or Lead Player to host the video and require an optin to see the entire video?

What say you...

Shannon

PS - I have my own opinion and well let you know after some other thoughts on the matter.

Also, here is an example of what I am talking about....

EasyVideoPlayer 2.0 » test watch to the 18 second mark

I did not download it and am not claiming ownership. Simply using a tool that allows you to add some features to an embedded Youtube video
#content #stealing #stop #thief
  • Profile picture of the author adamvanwildest
    it's not theft to "embed" any youtube video on your site or any site

    If you download their video, and upload it and claim it as your own, then that's theft.
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    • Profile picture of the author IM Lover
      Originally Posted by adamvanwildest View Post

      it's not theft to "embed" any youtube video on your site or any site

      If you download their video, and upload it and claim it as your own, then that's theft.
      This is the answer ^^^
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  • Profile picture of the author Trevor
    If you just embed a video on your site, you're not stealing the content, because it also gives a link to the Youtube video and therefore the video owner also benefits from the embed.

    However, if you download the video a upload it to your own channel or server and play it on your site with a video player such as EZS3 then that can be considered a theft.

    If the video owner doesn't want his video to be "embeddable", he can turn this option off in the video settings.
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    • Profile picture of the author Becky Rogers
      Originally Posted by Trevor View Post

      If you just embed a video on your site, you're not stealing the content, because it also gives a link to the Youtube video and therefore the video owner also benefits from the embed.

      However, if you download the video a upload it to your own channel or server and play it on your site with a video player such as EZS3 then that can be considered a theft.

      If the video owner doesn't want his video to be "embeddable", he can turn this option off in the video settings.
      I have to agree.
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      • Profile picture of the author Jill Carpenter
        Originally Posted by Shannon Herod View Post

        OK guys - Here is an example...

        This is using Easy Video Player to add some extra features.

        What do you think about this...

        EasyVideoPlayer 2.0 » test watch to the 18 second mark
        In addition to what fluffy said, if you hover over the youtube logo in the corner, you get the option to "watch on youtube."

        It is truly embeded - but has a code to just pause for the optin.

        In this particular instance, the video being used is FK - and most likely the end product will take a buyer to be on FK's list (in the end).

        I could see encouraging affiliates to listbuilding in this way using videos I've created.

        Don't get me totally wrong - I can see some ways this could be used in a negative manner.

        It's not half as bad as the other service I saw about a year ago which members would actually edit the youtube videos they didn't own.
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  • Profile picture of the author Will Edwards
    You have the option to set the distribution rights and privacy settings within your Youtube account. If people are sharing your videos and that's not what you want, you clearly just don't know how to use them
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  • Profile picture of the author Topwriters
    Banned
    When you claim it as your own, then that's when you can consider theft.
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  • Profile picture of the author Burgina
    Hey Shannon,

    It's not theft. It's called SHARING!

    Youtube, Twitter,Facebook .. it's all about spreading and sharing links, videos and stories. And nobody can stop this viral process. It's impossible!

    Regards,

    Burgina
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    • Profile picture of the author zamzung
      Originally Posted by Burgina View Post

      Hey Shannon,

      It's not theft. It's called SHARING!

      Youtube, Twitter,Facebook .. it's all about spreading and sharing links, videos and stories. And nobody can stop this viral process. It's impossible!

      Regards,

      Burgina
      It's sharing if you embed video, not if you download it and upload on your website without any track of who is the original author...

      Shannon, Youtube have a lot of videos under Creative Commons license, which is different than their standard Youtube license... So, try to review their license policies to see what you can do with each of them...

      The other question is, why would you want to download video from Youtube, upload to your own website and host when you can easily embed video from Youtube without any problems?
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  • Profile picture of the author HostWind
    Trevor got it! Someone can disable this feature. Otherwise, you are bringing them free traffic!
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  • Profile picture of the author ashloren
    I agree with what others are saying. Embedding vids from Youtube is harmless, but forcing an optin to view a downloaded copy of someone else's video is definitely theft, even if they don't claim to be the original creator. Just my opinion.
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    • Profile picture of the author Don Schenk
      Originally Posted by ashloren View Post

      I agree with what others are saying. Embedding vids from Youtube is harmless, but forcing an optin to view a downloaded copy of someone else's video is definitely theft, even if they don't claim to be the original creator. Just my opinion.

      It's not a forced optin because there is a "continue viewing" button that bypasses the video.

      I think it's a great idea to use on your own videos, except for this part of YouTube's TOS...
      1. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate.
      Are you still using YouTube's player with this, or is it a different player?

      Shannon, does that player work with any streaming video source? Screencast, Amazon S3, Viddler...?

      :-Don
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      • Profile picture of the author Shannon Herod
        Originally Posted by Don Schenk View Post


        Shannon, does that player work with any streaming video source? Screencast, Amazon S3, Viddler...?

        :-Don
        Yes you can use it pretty much for any video source. I am only using it with S3 for my own videos at the moment. It is called Easy Video Player. The other option is LeadPlayer and it only works with YouTube videos

        Shannon

        PS - I am really enjoying the discussion!
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  • Profile picture of the author matthewthomas
    Well once something is up on the web and where everyone can see it. Unless it has a patent or copy write, it is open source. I personally use other people videos on my site and I find this to be a 2 way street. While I use other peoples videos it gives my site more credibility and it generates traffic for those videos so I never have people complain about having their video on my website. I have actually had people thank me because I took a video that I had found that wasnt doing well at all and I put it on my site because it had great content and within days I had tripled the traffic to that video and I helped that person make sales. In turn they put a link to my site on their video
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    • Profile picture of the author Andyhenry
      Originally Posted by matthewthomas View Post

      Well once something is up on the web and where everyone can see it. Unless it has a patent or copy write, it is open source.
      THAT IS WRONG!!!!!

      OMFG - please tell me you are joking when you say that.
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      nothing to see here.

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      • Profile picture of the author JohnMcCabe
        Maybe a little less scummy, in the sense of being a little less pregnant...

        Still violating YT TOS.

        Agree that if you host it yourself, such a practice is fair game.
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        • Profile picture of the author Shannon Herod
          Originally Posted by JohnMcCabe View Post

          Maybe a little less scummy, in the sense of being a little less pregnant...

          Still violating YT TOS.

          Agree that if you host it yourself, such a practice is fair game.
          I have been doing some research and have found some things showing why this technology is not violating TOS.

          Here is a video by the creator of LeadPlayer....


          The reason I use this example is that LeadPlayer is designed to get opt-ins from YouTube hosted videos and they reference that YouTube has seen and approves their code. Also, he is a marketer I trust and respect.

          Shannon
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          • Profile picture of the author fluffythewondercat
            8:30? I didn't watch that.

            But if I were planning to use the opt-in required approach I would get permission from the video's owner anyway and follow the procedure I outlined above.

            Call me cynical but I don't believe all product promises are true, not when it's my business or accounts on the line. YMMV.

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            • Profile picture of the author JohnMcCabe
              I did watch the 8:30. Seems like they've found a way to interpret an alternate TOS to avoid getting crossways with YouTube. Fair enough.

              I can even see using it with one's own videos, given the new information.

              Using it with other peoples' videos? Might not be a violation, but still seems more than a little dark gray to me...

              But that wasn't the original question, was it?
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              • Profile picture of the author Shannon Herod
                Originally Posted by JohnMcCabe View Post

                I did watch the 8:30. Seems like they've found a way to interpret an alternate TOS to avoid getting crossways with YouTube. Fair enough.

                I can even see using it with one's own videos, given the new information.

                Using it with other peoples' videos? Might not be a violation, but still seems more than a little dark gray to me...

                But that wasn't the original question, was it?
                I agree and will not be using it with other peoples videos. But I do believe I will be using it with my own videos.
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    • Profile picture of the author cjreynolds
      Originally Posted by matthewthomas View Post

      Well once something is up on the web and where everyone can see it. Unless it has a patent or copy write, it is open source.
      Technically... sort of... err, not really. I guess you could consider un-copyrighted material as 'Public Domain', but the problem is, current copyright laws say that once you create a work, it is already copyrighted. So technically, there is no longer any such thing as un-copyrighted work, unless it is specified by the author as public domain, or it's old content that falls under... well, I forget what they call it, but it's stuff that is so old that ownership/authorship would be almost impossible to determine or prove.

      Originally Posted by matthewthomas View Post

      I personally use other people videos on my site and I find this to be a 2 way street. While I use other peoples videos it gives my site more credibility and it generates traffic for those videos so I never have people complain about having their video on my website. I have actually had people thank me because I took a video that I had found that wasnt doing well at all and I put it on my site because it had great content and within days I had tripled the traffic to that video and I helped that person make sales. In turn they put a link to my site on their video
      You're talking about embedding a video on your webpage. That's not the same as downloading it and hosting it on your own domain. People embed videos all the time - on their websites, here in forum posts - Youtube is cool with that. As long as the video itself remains on their servers. You're just providing a sort of link to that video - similar to any other link - it just allows the visitor to see the target url (the address of the Youtube video) inside your page instead of sending the visitor to Youtube.

      NOTE: It's not actually called a "link", it's an "embed tag" that creates a 'window' in your page containing any page or media you point it to. Just for clarity....
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  • Profile picture of the author Shannon Herod
    OK guys - Here is an example...

    This is using Easy Video Player to add some extra features.

    What do you think about this...

    EasyVideoPlayer 2.0 » test watch to the 18 second mark
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    • Profile picture of the author fluffythewondercat
      Originally Posted by Shannon Herod View Post

      OK guys - Here is an example...

      This is using Easy Video Player to add some extra features.

      What do you think about this...

      EasyVideoPlayer 2.0 » test watch to the 18 second mark
      Did anyone notice that after the video stops for the opt-in box, you can simply hit Continue without opting-in?

      That mitigates the scummery somewhat for me. Still, I don't think I'd use this technique unless it was with a compelling video I owned, bought a license for or had specific permission to use. And if you go to the trouble of acquiring rights, you can cut YouTube out of the loop altogether and host it yourself. Ethical dilemma solved.

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  • Profile picture of the author Shannon Herod
    Hey Guys!

    I agree. embedding a video is not stealing and is what most publishers would like you to do.

    However, when you start using 3rd party tools to play those videos and ad extra features like an opt-in box; are you starting to skate the ethical line?

    I believe it is ok as long as you do not claim authorship and the person is able to get back to the original video. However, I believe you are starting to skate very close to the line

    What are your thoughts?
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    • Profile picture of the author hardraysnight
      Originally Posted by Shannon Herod View Post

      Hey Guys!

      I agree. embedding a video is not stealing and is what most publishers would like you to do.

      However, when you start using 3rd party tools to play those videos and ad extra features like an opt-in box; are you starting to skate the ethical line?

      I believe it is ok as long as you do not claim authorship and the person is able to get back to the original video. However, I believe you are starting to skate very close to the line

      What are your thoughts?
      is he talking legalities or ethics - not always the same thing
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  • Profile picture of the author mojojuju
    I wouldn't call it stealing, but it might violate YouTube's TOS.
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    :)

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    • Profile picture of the author JohnMcCabe
      Originally Posted by mojojuju View Post

      I wouldn't call it stealing, but it might violate YouTube's TOS.
      No might about it, Mojo...

      There is specific language about charging for access to the service, and I believe 'charging' an email address to access a YT video violates the TOS.

      Just because money doesn't change hands doesn't mean there isn't a charge.

      Pretty scummy practice if you ask me.
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      • Profile picture of the author Shai
        Originally Posted by JohnMcCabe View Post

        No might about it, Mojo...

        There is specific language about charging for access to the service, and I believe 'charging' an email address to access a YT video violates the TOS.

        Just because money doesn't change hands doesn't mean there isn't a charge.

        Pretty scummy practice if you ask me.
        I agree with this sentiment. You are "charging" people their email address to see a video that someone else posted for free viewing.

        You (or someone else), could use the same technique to charge people money to view it. It would be the same thing.

        I do, however, think that is a great technique for your own videos.
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      • Profile picture of the author Shannon Herod
        Originally Posted by JohnMcCabe View Post

        No might about it, Mojo...

        There is specific language about charging for access to the service, and I believe 'charging' an email address to access a YT video violates the TOS.

        Just because money doesn't change hands doesn't mean there isn't a charge.

        Pretty scummy practice if you ask me.
        Great point John. to be honest I did not even think about it violating YouTube's TOS.

        However, I decided to go check it out in this is what I found...

        4. General Use of the Service--Permissions and Restrictions

        YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
        1. You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
        2. You agree not to alter or modify any part of the Service.
        3. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate.
        4. You agree not to use the Service for any of the following commercial uses unless you obtain YouTube's prior written approval:
          • the sale of access to the Service;
          • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
          • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales.
        5. Prohibited commercial uses do not include:
          • uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your business or artistic enterprise;
          • showing YouTube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
          • any use that YouTube expressly authorizes in writing.


        I bolded I think is the most relevant piece of text.
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  • Profile picture of the author talfighel
    I don't think that it is theft if they use that video on their site as long as it is going to your channel. Unless they copy that video and post it as their own on their channel.

    I had this happen to me once or twice. I emailed Youtube and they deleted that person's account.

    I had many articles stolen from me that I wrote. People actually took word for word of my articles and posted it as their own. Like they were the author of that article. Still happens as we speak.

    Those people think it is OK to do it and usually they get away with it.
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  • Profile picture of the author primoquest
    I agree with Shai that this is a great feature for your own video, but I wouldn't use someone elses video without their permission first. Heck, if you are an affiliate of theirs, they especially might not have a problem with it, but as stated I wouldn't do it without their blessing first.
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  • Profile picture of the author Shannon Herod
    I see the scummy aspect of it if you use it for other peoples video. However, is it still scummy if you use it on your own video?

    Shannon

    Obviously if you're hosting the video yourself you can do whatever you like with it. However, if you are using YouTube to host the video does that in itself make its scummy?
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    • Profile picture of the author mojojuju
      Originally Posted by Shannon Herod View Post

      Obviously if you're hosting the video yourself you can do whatever you like with it. However, if you are using YouTube to host the video does that in itself make its scummy?
      In my opinion, it's scummy to the extent that it violates YouTube's TOS.
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      :)

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  • Profile picture of the author primoquest
    Nice find Shannon. The video was pretty revealing.
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    Warm regards,
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  • Profile picture of the author Woodward82
    I agree with fluff on this, the continue part really takes away the fact that, you DONT have to give your email.

    But I think there is a simple solution to this IMO, just take out the text that says.. Opt in below to get full access.

    Pitch something without making it seem like they 'have' to do it.
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  • Profile picture of the author colm
    So is it theft if you download their video, and upload it to your own server and play it on your own web pages, and not claim it as your own.

    There are too many combinations of possibilities here. One needs to deal with single variations, one at a time.

    It's all down to whats legal and what are the agreements and written rules. It's nothing to do with qualms or lay peoples opinions or wishful thinking.

    One would need to be a legal person with experience or else a court ruling on the matter.

    I hope that doesn't take the fun out of it!

    Good luck, C.
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  • Profile picture of the author miskat
    stealimg others content is no good in any frm , moderator should take action against content copycats
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  • Profile picture of the author Tim Franklin
    There might be a few small things that could cause you some grief, if you use a custom player that removes the youtube logo or any other TOS covered branding that youtube requires in order for you to use the embed feature then yes you might be in for a nasty surprise, will they figure this out, yes eventually so its really a matter of making the right decisions now...
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  • Profile picture of the author WillR
    Regular embedding = fine.

    Embedding a video on your website using a tool that makes it look as though the video is owned by you = not fine.
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    • Profile picture of the author tooAlive
      Personally, I wouldn't use someone's videos for an opt-in of my own.

      Unless they're uploaded as "Creative Commons" and Youtube allows me to re-edit them inside their own video editor, and post said videos on my own channel as a "remix."

      Then, and only then would I consider about forcing an opt-in, because technically it is uploaded on my channel, fairly.

      Although I'd probably still get the owner's approval before hand.
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  • Profile picture of the author Super Warrior
    Embedding a video doesn't mean that you're stealing a video.
    In case you're downloading the video and playing them on your site like your own, then
    yes it would be considered as 'theft'.

    Thanks
    Regards
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  • Profile picture of the author Senthilstan
    Hi Shannon,

    Its not theft. Its file sharing. If it is theft na, then why Youtube keeps the source code to embed videos on our site. Even youtube also allow users to share the video on their sites by embedding the source code. But its good to keep limited embedded videos on ur site.
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  • Profile picture of the author therichb
    Where's the stealing gone Optin is a good way to share your content to the traffic which has got something relevant in it....

    If you are sharing a content, that is just an embed & is shared from somewhere else, you are loosing your prospects, so be prepared to use online tools & bring up with something fresh material
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