Legal Question in Intellectual Property in California

Video Tags & Intellectual Property

I learned that embedded videos (e.g. from YouTube) are nothing but an in-link and that including them on my website does not constitute direct infringement;

What about the video tags?

� If I further use them for profit (sell them to third parties) - should I share the fees with the copy right owner?

� Do I have to get their prior authorization for the use / sale?

Thank you!


Asked on 4/27/09, 5:07 pm

2 Answers from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Re: Video Tags & Intellectual Property

Only a copyright owner has the right to copy or distribute his or her work, whether it is for profit or not. So the answer to both your questions is 'yes.'

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Answered on 4/27/09, 5:29 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Video Tags & Intellectual Property

First, you're misinformed. You don't have to be a "direct" infringer to be liable to the copyright holder.

Second, You ALWAYS need permission from the copyright holder when making or distributing copies, or exhibiting or performing the work, or when making derivatives based on the original.

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Answered on 4/27/09, 6:01 pm


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