ptubes |
05-25-2023 02:56 PM |
US supreme Court, the equivalent in the UK and the EU have all come to the same conclusion and ruling, independently of one another:
It's often referred to in the US as the "Server Test" to determine if dmca has in fact been violated:
Embedded content is legally treated as no different from a link to the site, and the site owner in that case does not actually have any infringing material of any kind on their server...
So one of the crucial elements that must be met in order for a judge to find that you have violated dmca (among other things) is to determine whether or not the content is hosted on a server belonging to the site in question..
Another reason why is that if it was embedded from one of the big Tube sites, by the copyright holder, even if the previous statement wasn't the case, which it is and has been unchanged for at least 10 years now, the major tube sites have uploaders, usually original copyright holders, agree to their terms of service which in just about every, if not every case includes a provision that grants unlimited distribution and promotional rights enabling that content to be displayed essentially anywhere they want, on their own sites, or on any partner affiliate or related sites or for promotion of any kind in any way they see fit. Any one of those provisions would indemnify the webmaster in and of itself let alone all of them
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