Legal or not? Downloading (not embedding) YouTube videos

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heavenlywild

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#75061 12-Jan-2011 10:42

Hey guys, there seems to be a lot of conflicting answers to this question. Is it illegal to download a YouTube video that allows embedding?

I am looking to use it for non-commercial purposes - in-house training.

What is the definitive answer? Thanks.

mentalinc

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#426443 12-Jan-2011 10:43

Leave a comment for the person who uploaded the video and ask for permission to use the video?

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heavenlywild

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#426448 12-Jan-2011 10:51

I reckon it has to do with YouTube too since you are literally taking it off them.

josephhinvest

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#426457 12-Jan-2011 11:19

heavenlywild: I reckon it has to do with YouTube too since you are literally taking it off them.

I guess it depends if you're redistributing it, or infringing on the licence or something. Then yes, surely you are in the wrong.

But say there is a youtube video that my kids love to frequently watch, what's the difference between steaming it every time, or downloading and saving to disk.
(Bearing in mind that streaming is effectively "downloading" as is loading a webpage etc)

Cheers,
Joseph

heavenlywild

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#426482 12-Jan-2011 12:20

jofizz:

But say there is a youtube video that my kids love to frequently watch, what's the difference between steaming it every time, or downloading and saving to disk.
(Bearing in mind that streaming is effectively "downloading" as is loading a webpage etc)

Cheers,
Joseph

Excellent point Joseph. There doesn't seem to be any definitive rule around this. I don't think YouTube itself knows.

jbard

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#426486 12-Jan-2011 12:27

jofizz:
heavenlywild: I reckon it has to do with YouTube too since you are literally taking it off them.

I guess it depends if you're redistributing it, or infringing on the licence or something. Then yes, surely you are in the wrong.

But say there is a youtube video that my kids love to frequently watch, what's the difference between steaming it every time, or downloading and saving to disk.
(Bearing in mind that streaming is effectively "downloading" as is loading a webpage etc)

Cheers,
Joseph

Yes but if the video belongs to a youtube partner then you are taking away some of their income. They get money for every time a video is watched. But then no adverts are displayed if the movie is embedded so if embedding is allowed you should be allowed?

It is a problem as i often watch lots of music videos on youtube and downloading them would mean removing revenue from the artist which is not what i want to do but it chews through the broadband so quickly.

It would be nice if youtube developed some standalone desktop app so you would only ahve to download the video once but ads were still shown with the video.

Bee

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#426507 12-Jan-2011 13:07

I used to work for a large NZ lawfirm and their stand was that if it was for "training purposes" and not for public viewing or redistristribution then it was fine.

But I dont think there is a definitive answer at the moment? It was more a case of "if you dont get caught or charged with anything then its fine"?

Being a lawfirm they were quite happy to argue it in court if it ever came to that... ;)

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gible

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#426516 12-Jan-2011 13:39

Well, it would violate the YouTube T&C.

heavenlywild

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#426578 12-Jan-2011 16:36

Bee: I used to work for a large NZ lawfirm and their stand was that if it was for "training purposes" and not for public viewing or redistristribution then it was fine.

But I dont think there is a definitive answer at the moment? It was more a case of "if you dont get caught or charged with anything then its fine"?

Being a lawfirm they were quite happy to argue it in court if it ever came to that... ;)

Most likely the lawyers went through the T&Cs - you would hope so!!!!

Oblivian

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#426605 12-Jan-2011 18:44

Does clear it up if you do some looking into it.

More or less says you can't use it without permission of either YT or copyright holder.

http://www.google.com/support/youtube/bin/answer.py?hl=en-nz&answer=136522

http://www.youtube.com/t/terms

You shall not download any Content unless you see a “download” or similar link displayed by YouTube on the Service for that Content

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).

To me, says unless there is a download link, or you are embedding it. Nopes.

I'd be going direct to the uploader/creator

mentalinc

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#426608 12-Jan-2011 18:57

mentalinc: Leave a comment for the person who uploaded the video and ask for permission to use the video?

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LittleGreyCat

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#427574 16-Jan-2011 09:50

heavenlywild: Hey guys, there seems to be a lot of conflicting answers to this question. Is it illegal to download a YouTube video that allows embedding?

I am looking to use it for non-commercial purposes - in-house training.

What is the definitive answer? Thanks.

I am struggling with the concept of in-house training being non-commercial use.

You are being paid to do the training - as part of your job.

The people watching should be getting value from it - and if you weren't doing it yourself you would have to pay an external company.

So the whole thing seems very commercial to me.

Scott Adams had some pithy things to say about people who wanted to use Dilbert strips in presentations for free - shame I can't find it at the moment.

The Dilbert Ts&Cs include the brief and readable
"

modify, frame, reproduce, archive, sell, lease, rent, exchange, encumber, hypothecate, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose (except as specifically permitted by us (e.g., Viral Content Distribution and Collaborative Content creation as set forth below)); and/or

use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or internet browser usage).

"

Which seems to preclude including any content in other media such as training presentations.

Assuming that YouTube takes a similar line then I would think it would be illegal without the copyright owner's permission.

HTH

LGC

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matisyahu

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#428211 17-Jan-2011 21:01

It depends up on the content of what was uploaded; just because it has been uploaded doesn't mean it is ok to distribute since many uploaders have worked around the auto-detection thing.

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