What’s the Law on Embedding YouTube Videos in your Stories?
Is there a risk of being sued for using copyrighted content without permission?
I found a meditation on YouTube that I wanted to embed into a story. I checked who owned the copyright to the content and went to their website to see what the terms of use are.
The copyright to the video is owned by www.the-guided-meditation-site.com. The conditions of use are clearly stated at the foot of their home page, and I believe this applies to their YouTube content too:
The content of this website, including all music, all text, all downloads, all music samples and all other material are owned or controlled by Spire Audio or their content and technology providers. ALL RIGHTS RESERVED. Unauthorized duplication or distribution of this content is strictly prohibited. The audio productions on this site are for personal use only and may not be redistributed or republished without written permission. Royalty free licenses for some music may be obtained from www.enlightenedaudio.com
So I wrote to them through their website’s online contact form to request permission to embed their YouTube videos in my articles on meditation.
Hi, I sometimes write about meditation on Medium.com and I wonder whether you’d have any objection to me embedding one of your YouTube videos in an article sometimes? Here’s an example where I’ve linked to your channel, but I wonder how you’d feel about me embedding a full meditation video in these sorts of situations?
They wrote back saying they were happy for me to embed their videos in my blogs, and I proceeded to publish their video on my story. I’ve saved the permission email for future reference in case any issues crop up.
Is it really necessary to get permission?
Legal firm, Santucci Priore, P.L. who are specialists in intellectual property law, say…
It is a good practice to always obtain the consent of the copyright owner before posting and embedding a YouTube video onto a website.
What is the risk of legal action being taken if you don’t? They say…
Based upon the current case law it is unlikely that posting and embedding YouTube videos onto a website will violate the copyright owner’s exclusive right to copy and/or distribute the videos, so long as the website does not create backup copies of copyrighted videos or otherwise allow users of the website to do so. (Source)
But read on… because there are a few grey areas.
Material Uploaded to YouTube Illegally
YouTube removes lots of copyrighted material everyday, because it’s been uploaded illegally, without the consent of the copyright owner. Could a blogger be held accountable if they embed one of those videos in their blog? Santucci Priore, P.L. say…
In that situation, the infringer is likely to be the person who uploaded (and therefore copied or reproduced) the video onto YouTube without the copyright owner’s authorization. (source)
What do the YouTube Terms Say?
The YouTube Terms do grant users the right to distribute work that’s uploaded on the platform. The terms read…
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.
So the terms clearly give permission for distribution. And I’m told that if you don’t want people to embed your content, it’s possible to turn embed permissions off. Although not all users would know how to do this. Take down requests are sometimes issued if copyright owners object. To avoid this, it’s respectful to ask permission first.
A public performance in copyright law
YouTube’s terms do allow for the copyrighted work to be widely distributed. But law firm, Santucci Priore, P.L. take a cautious view on this…
The current case law is unclear as to whether the posting and embedding of YouTube videos on a website will infringe upon the copyright owner’s exclusive right to publicly perform the copyrighted video. (source)
They feel this is a grey area that still carries some risk. It pays to be careful.
What if it’s not practical to get permission?
Santucci Priore, P.L. say…
There are several practical solutions that can be imposed to lessen the likelihood of being sued or threatened with a lawsuit, such as by providing a direct link to YouTube, instead of posting and embedding, and avoiding using videos from mainstream movies or television shows. (source)
So there you go. It’s unlikely you’ll get into trouble for embedding YouTube videos in your blogs. To me, it looks like the YouTube terms cover many forms of distribution, including performance, but I’m not a lawyer. And legal experts take a very cautious view.
If you have any doubts, or would just rather be safe than sorry, it makes sense to get permission.
And when the video is owned by an organisation who has clear contact details and a written policy on the use of their copyrighted content, why wouldn’t you just send them a quick email to get clarity on the subject?
Amway’s “Copyright Guide for the Use of Publicly Posted Videos Online” PDF is an interesting read for another perspective on the topic (comes up on a Google search).
More from me…
