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2013-14 Shelby GT500
Automobile Mag Article on 2013 GT500
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<blockquote data-quote="Ry_Trapp0" data-source="post: 11824121" data-attributes="member: 27761"><p>short answer, no he <em>can't</em> force them to remove the videos, cease & desist or otherwise. nor can he force them to pay any form of royalty to him. they have not <em>stolen</em> anything, nor infringed on any of his ownership rights what so ever. the videos on their website are <em>embedded streams FROM youtube</em>.</p><p>however, if they actually pulled the videos off of youtube(one of many 'youtube downloader' utilities) and then either re-uploaded it under their name and linked it to their website or uploaded it directly to their website, then he would have legal ground to send them a 'cease & desist' since that would be pure theft.</p><p></p><p>long answer - first thing is READ THE TERMS OF SERVICE on ANY website that you plan to upload content of you're own creation to. here's an excerpt from youtube's TOS...</p><p style="margin-left: 20px"><em>For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.</em></p><p>what this is basically saying is that the content creator and uploader retains all rights to said content, BUT they also extend these same rights(basically) to youtube by using their service to host said content.</p><p>what it also says is that, by agreeing to the TOS, you are granting any user of the service(youtube) to "use, reproduce, distribute, and display" your content in accordance to the service's TOS. I.E., by uploading a video to youtube you're allowing anyone to link to, embed, and stream your content. however, youtube's TOS does not give users of the service permission to pull your content off of youtube and take possession of it.</p><p>also, note that the videos in the automag article are NOT hosted on ramairgt1's own youtube account, but SVTPerformance's(travis's) youtube account. in this case, even if a 'cease & desist' could force automag to remove the embedded video streams, i believe it would have to come from travis(SID197) and not ramairgt1. though i'm not positive on that.</p><p></p><p>so, speaking directly towards the automag article, they have done nothing wrong legally or morally and are free to use ANY content on youtube as they please, so long as it falls under youtube's TOS.</p><p></p><p></p><p>also keep in mind that many discussions forums may claim rights to the content of your posts as well, depending on the wording of the TOS that you agree to. this goes for any other content hosting website as well, you may be extending your rights to them depending on what the TOS says.</p><p>and then we have '<a href="http://en.wikipedia.org/wiki/Fair_use#Fair_use_on_the_Internet" target="_blank">fair use</a>' law as well...</p><p>there might be a few details here that are wrong, but you get the overall point.</p></blockquote><p></p>
[QUOTE="Ry_Trapp0, post: 11824121, member: 27761"] short answer, no he [i]can't[/i] force them to remove the videos, cease & desist or otherwise. nor can he force them to pay any form of royalty to him. they have not [i]stolen[/i] anything, nor infringed on any of his ownership rights what so ever. the videos on their website are [i]embedded streams FROM youtube[/i]. however, if they actually pulled the videos off of youtube(one of many 'youtube downloader' utilities) and then either re-uploaded it under their name and linked it to their website or uploaded it directly to their website, then he would have legal ground to send them a 'cease & desist' since that would be pure theft. long answer - first thing is READ THE TERMS OF SERVICE on ANY website that you plan to upload content of you're own creation to. here's an excerpt from youtube's TOS... [indent][i]For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.[/i][/indent] what this is basically saying is that the content creator and uploader retains all rights to said content, BUT they also extend these same rights(basically) to youtube by using their service to host said content. what it also says is that, by agreeing to the TOS, you are granting any user of the service(youtube) to "use, reproduce, distribute, and display" your content in accordance to the service's TOS. I.E., by uploading a video to youtube you're allowing anyone to link to, embed, and stream your content. however, youtube's TOS does not give users of the service permission to pull your content off of youtube and take possession of it. also, note that the videos in the automag article are NOT hosted on ramairgt1's own youtube account, but SVTPerformance's(travis's) youtube account. in this case, even if a 'cease & desist' could force automag to remove the embedded video streams, i believe it would have to come from travis(SID197) and not ramairgt1. though i'm not positive on that. so, speaking directly towards the automag article, they have done nothing wrong legally or morally and are free to use ANY content on youtube as they please, so long as it falls under youtube's TOS. also keep in mind that many discussions forums may claim rights to the content of your posts as well, depending on the wording of the TOS that you agree to. this goes for any other content hosting website as well, you may be extending your rights to them depending on what the TOS says. and then we have '[url="http://en.wikipedia.org/wiki/Fair_use#Fair_use_on_the_Internet"]fair use[/url]' law as well... there might be a few details here that are wrong, but you get the overall point. [/QUOTE]
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