Stream music and video’s on our website? Copyright?

[Superlordspamulon]

Yesterday some members of the SPfreaks team had a discussion about setting up some Smashing Pumpkins video streams and – music on the SPfreaks website. Good idea of course, we all think it’s cool. But what about copyright? We are a non-commercial site, and we will stay that way, so that part is covered. Still, for example YouTube states in their Terms of Use (partly copied here):
4. General Use of the Website — Permissions and Restrictions
YouTube hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

A. You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without YouTube’s prior written authorization.

B. You agree not to alter or modify any part of the Website, including but not limited to YouTube’s Embeddable Player or any of its related technologies.

C. You agree not to access User Submissions (defined below) or YouTube Content through any technology or means other than the video playback pages of the Website itself, the YouTube Embeddable Player, or other explicitly authorized means YouTube may designate.

D. You agree not to use the Website, including the YouTube Embeddable Player for any commercial use, without the prior written authorization of YouTube.

[edit]

F. If you use the YouTube Embeddable Player on your website, you must include a prominent link back to the YouTube website on the pages containing the Embeddable Player and you may not modify, build upon, or block any portion of the Embeddable Player in any way.

It looks like we can use the YouTube embedded player on out website, because the video itself contains already the name YouTube and by double clicking on it you are redirected immediately to YouTube. Same with the Spinner.com video of Tarantula we got on our homepage (News section).

But! The content of what is being played is copyrighted… Should we have to pay rights to the lawful owner (record company, band, or their representitives) or could we even end up in court without further notice?

Same with streaming music, either live music like Live Music Archive, or CD music like the AOL online stream? What if a humble little worldwide fansite does the same like so many local SP fansites (and individual SP fans also) on MySpace do for example?

What are the thoughts of the SP community? Any lawyers or legal business insiders inbetween them?

[Superlordspamulon]

umm im confused by it
it seems that you just have to get permission from youtube to host embedded videos… but i don’t believe you have to pay copyrights, as in places like bebo you can put on any youtube video, and i’m pretty sure the owners of bebo don’t pay copyright…
frankly im not sure, tbh. as this is a fansite, i believe that you won’t have a problem with user submitted songs (like live tracks that have been recorded or whatever) but you won’t be able to put up the entire albums… i think
again – not sure

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