Is it legal to download video clip in metacafe.com?

Question

I really wanna know...some 1 pls help me to solve this question..

Answer 1

Hi!

Actually, this is a very involved question, even though it may appear quite simple to answer.

Metacafe, YouTube, Google Videos and other sites that allow the general public to upload videos for public viewing are currently under significant pressure from copyright holders to limit their services. As of the creation of most of these services, the original intent (as stated by YouTube) was usually to offer an individual the chance to share a funny/serious/etc video that THEY created.

This, of course, is perfectly legal. If you create something from scratch, you own the copyright in it (even without registration). Uploading to a site like metacafe to share it with others is also then ok for your videos.

The problem now is that people have uploaded millions of video clips of movies/tv shows/etc that they DID NOT create, but are rather snippets from shows produced by other people. This is causing a bit of a fight between these sites and the major movie and tv producers, such as the TV networks and the major studios. The studios argue that this is a violation of the copyrights they hold in these programs/movies and they want the videos removed. In general, this is a fair exercise of their rights.

The twist is that there is a part of the copyright law known as fair use. This allows the general public to use a small portion of the copywritten work in sort of a contradiction to the normal restriction against use. The key as to whether something is considered fair use is usually centered on two factors: 1) commerciality (did the person use the work to make money), and 2) quantity (how much of the work did the person use)?

Sites that allow video uploads DO make advertising money, but that hasn't been argued to be a problem (since the uploading people do not make any money, it's not counting as commercial use). Which left the quantity issue on the table.

Google Video and YouTube both, I believe, have now instituted a limit on the lenth of the video that a person can upload. I don't know what the specific lengths are, but one can no longer download/upload a significant portion of even a 30 minute TV show - all in an attempt to help people never come close to a problem with acting outside "fair use".

BUT, this hasn't yet been tested in court, to the best of my knowledge. So it is possible that an uploader who uploads 5 minutes of a 20 minute TV show could still be found to be violating the copyright law. It'll all depend upon the specifics of the use and what was actually used.

For a single individual downloading a single video clip, you are probably operating within the law. You could even keep the video on your computer to watch over and over, and you'd still be ok. If the studios are going to come after anyone, it's going to be the sites that are hosting the videos... and those that are uploading the videos, but most likely will never know about you.

Good luck!

Answer 2

Hi!

Actually, this is a very involved question, even though it may appear quite simple to answer.

Metacafe, YouTube, Google Videos and other sites that allow the general public to upload videos for public viewing are currently under significant pressure from copyright holders to limit their services. As of the creation of most of these services, the original intent (as stated by YouTube) was usually to offer an individual the chance to share a funny/serious/etc video that THEY created.

This, of course, is perfectly legal. If you create something from scratch, you own the copyright in it (even without registration). Uploading to a site like metacafe to share it with others is also then ok for your videos.

The problem now is that people have uploaded millions of video clips of movies/tv shows/etc that they DID NOT create, but are rather snippets from shows produced by other people. This is causing a bit of a fight between these sites and the major movie and tv producers, such as the TV networks and the major studios. The studios argue that this is a violation of the copyrights they hold in these programs/movies and they want the videos removed. In general, this is a fair exercise of their rights.

The twist is that there is a part of the copyright law known as fair use. This allows the general public to use a small portion of the copywritten work in sort of a contradiction to the normal restriction against use. The key as to whether something is considered fair use is usually centered on two factors: 1) commerciality (did the person use the work to make money), and 2) quantity (how much of the work did the person use)?

Sites that allow video uploads DO make advertising money, but that hasn't been argued to be a problem (since the uploading people do not make any money, it's not counting as commercial use). Which left the quantity issue on the table.

Google Video and YouTube both, I believe, have now instituted a limit on the lenth of the video that a person can upload. I don't know what the specific lengths are, but one can no longer download/upload a significant portion of even a 30 minute TV show - all in an attempt to help people never come close to a problem with acting outside "fair use".

BUT, this hasn't yet been tested in court, to the best of my knowledge. So it is possible that an uploader who uploads 5 minutes of a 20 minute TV show could still be found to be violating the copyright law. It'll all depend upon the specifics of the use and what was actually used.

For a single individual downloading a single video clip, you are probably operating within the law. You could even keep the video on your computer to watch over and over, and you'd still be ok. If the studios are going to come after anyone, it's going to be the sites that are hosting the videos... and those that are uploading the videos, but most likely will never know about you.

Good luck!
Roby

Answer 3

just view their Terms & Conditions and u'll get ur answer