People have mostly gotten to the point on this thread already with  
regards to what is socially acceptable under different scenarios,  
though I'm pretty sure that no matter the who, what, where, when, or  
why, no matter what is fair use or no, no if's and's or but's, one of  
the general laws of the internet is that you are allowed to link to  
anywhere.

If the recipient of a link does not wish to support your use, it's  
the responsibility of that person to make their content private. If  
you post a file up on the internet, there is nothing you can do about  
someone who links to your file, from what I understand.

Thus, even if it's not socially acceptable, or undesirable, you can  
not get in trouble for hotlinking to someone else's video on the  
internet.  Even if the video is illegally put onto the web, the  
guilty party is the host or person who put the video there, not the  
person who links to the video.

On Apr 10, 2006, at 7:11 PM, Andreas Haugstrup wrote:

> On Mon, 10 Apr 2006 20:17:19 +0200, Charles Iliya Krempeaux
> <[EMAIL PROTECTED]> wrote:
>
>> My question is.... Is it Fair Use to link directly to a vlog's video?
>
> You're asking the wrong questions. There are two questions that  
> should be
> asked instead:
>
>   a) Is it legal to link directly to a vlog's video?
>   b) Is it good practice to link directly to a vlog's video?
>
> And as all hard questions the answer to both is: It depends. b)  
> depends on
> the social context and community opinion. I can't comment too much  
> about
> that, but I do think many people accept direct links to a video as  
> long as
> there is also a clear link to the vlog entry's permalink (where  
> people can
> do comment, etc.).
>
> As for the legality...:
>
>> And more importantly, if it isn't Fair Use, should it be?  And an  
>> equally
>> important question, if it is Fair Use, should it not be?
>
> Generally speaking the video is online so it is fair game to link to.
> That's how the web works. Personally I prefer links to vlog entry
> permalinks because that's how blogs work. Sadly the world doesn't  
> revolve
> around me.
>
> There are general copyright and misappropriation laws you have to  
> follow.
> I can't list them all, and as always I strongly recommend going out  
> and
> buying a text book on mass media law (I've read Pember, Don "Mass  
> Media
> Law" which covers all applicable laws. Get any post-DMCA edition  
> used).
> Anyone publishing media should make themselves familiar with the laws.
>
> Two things you cannot do:
>
>   a) You cannot present someone else's work as your own. So be  
> careful if
> you embed someone else's video directly on one of your pages. You  
> need to
> make it very clear that this work is not made by you (giving credit  
> and
> linking earns you brownie points).
>   b) You cannot use another name or likeness for commercial  
> purposes (ie.
> to sell crap) without their permission. American Apparel cannot use
> Ryanne's video about them (<URL:
> http://ryanedit.blogspot.com/2006/03/american-apparel-rock-on.html  
> >) in a
> commercial without her permission, not even if Ryanne allowed  
> commercial
> use in her CC license.
>
> IANAL, blabla.
>
> -- 
> Andreas Haugstrup Pedersen
> <URL: http://www.solitude.dk/ >
> Commentary on media, communication, culture and technology.
>
>
>
> Yahoo! Groups Links
>
>
>
>
>
>
>



 
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