Quote:
Originally Posted by Pleasurepays
ok... lets assume i'm an asshole. (try to suspend disbelief)
i have a site full of watermarked videos.
you're going to tell me "hey man... can't you see all the watermarks"
I'm going to say "are you kidding... look around. every sponsor passes out promo content that's watermarked and the net is full of it". a "watermark" itself doesn't indicate anything. in fact, i could also argue that its common practice for people to put watermarks on videos by those who are not the original rights holders of the video. you would have to prove you own the video and that it is your watermark and that i have been warned and that i have been explicitly told to remove the video and that i refused with full awareness of all the facts.
given the way that content is given away for marketing and the way its used by webmasters, i can easily argue that i have no reason to assume or believe that the sponsor is not aware of it or not supporting its distribution... to brand and promote their site and get a trickle of sales as a result of that watermark and users finding their way to the source... which is also common practice.
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And if the 'promo" material is not used to promote?
Again, you would have to define what's promotion first, sure.
But, since you obviously state in your T & C that no one can use any of your watermarked content for "promo" reasons without affiliate links to you?
Well we're in dispute of the common law and T & C's so yeah, this route might not be this easy to follow too.