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Question of any legal problems posting vids

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Offline wasteland1952

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Question of any legal problems posting vids
« on: December 21, 2016, 03:08:43 PM »
Hey everyone.

I plan to start posting old YT videos to VK.  I'm in the process of going through my collection of old YT vids, most of which disappeared from YT long ago.  Or if they're still on YT, they're very well hidden.

Anyway, I wonder if there might be any potential legal problems if I post videos that were specifically taken off YT at the request of one or both of the girls involved in the fights.  I'm not a lawyer, and have no legal expertise.  Can any of you think of any problems that might arise?

I really want to post some of these fights because they were very good, and I don't know how many of you were able to see them before they were taken down.

Thanks for any advice anyone can provide.

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Offline HumiliationOne

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Re: Question of any legal problems posting vids
« Reply #1 on: December 21, 2016, 04:24:08 PM »
My opinion is that as long as there is no copyright infringement you will be fine. Meaning fights that were uploaded that were not produced and sold.

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Offline MaskedBunny

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Re: Question of any legal problems posting vids
« Reply #2 on: December 21, 2016, 05:18:28 PM »
My opinion is that as long as there is no copyright infringement you will be fine. Meaning fights that were uploaded that were not produced and sold.

Actually, you could be wrong. It really depends. First of all, make sure the ones in the videos are legal age. Secondly, even if not sold, the participants have to give permission. There was a news story years ago about fights on the internet and the people in them were pressing charges against people who taped and posted them. You own your likeness, you have a say in how it's used. That's why if tv shows can't get a waiver signed, they blur faces.

Now if it was from a company, then it depends. If the company isn't around anymore, you could be fine. Just be aware that if you didn't film it and get waivers signed by all involved, you could be told to take it down. Usually, legal charges are only a result of selling it, underage participants, or being aware that those involved didn't want it posted and posting it anyway. Just remember, if it was on YouTube and was taken down, why? Was it because of nudity or the subject matter? Or was it because people involved demanded it be taken down?

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Offline wasteland1952

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Re: Question of any legal problems posting vids
« Reply #3 on: December 22, 2016, 05:54:58 AM »
Maskedbunny....that was my question.

In the vast majority of instances where a fight was posted on YT, and then taken down, the message on the YT screen says something to the effect that the video violated YT policy of posting violent or dangerous videos.

I'm not sure whether I've ever seen a screen message indicating YT took a video down because of a personal request from one or both parties involved.  That may be the case, but I don't remember seeing anything like that.

I wouldn't post fights between girls that are obviously underage.  I wonder how many catfights posted to YT involve girls under 18?  Probably a good number, given that a good percentage of the fight vids are between school girls, either at school, or after school.

I doubt that a person recording a catfight with their cell phone asks both girls whether they consent to having their fight posted on line.  Look at how many people in the crowd watching the fight have their phones recording the fight.  And listen to how many of the dimwits yell, "Worldstar!"

Thanks for all the replies.

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Offline MaskedBunny

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Re: Question of any legal problems posting vids
« Reply #4 on: December 22, 2016, 07:04:37 AM »
Yeah. It's a slippery slope. Your best bet is to either make your own or stick to known companies who don't care. In today's world, you can run into issues almost anywhere.

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Offline Seve2U

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Re: Question of any legal problems posting vids
« Reply #5 on: December 22, 2016, 08:24:21 AM »
Actually, the likeness rules give way to first amendment rights as to acts filmed in public.  There are a few court cases saying that a state could not make it a crime to photograph and display an "upskirt" photograph, taken without the subject's consent.  What happens in public is liable to be filmed by others and is fair game because of a lessened expectation of privacy.  This is so even if the girls fighting are not adults.  So the mere fact that one's likeness is involved, or a fighter is under age, is not determinative.  What I can say is that YT probably has a contractual provision that provides that it owns some intellectual interest in anything that was posted and displayed on its website.  If YT objects, you will likely want to avoid confronting them.

You are, however, unlikely to encounter any resistance on such posting.  If you do, you can always choose to take it down.  The danger involved in the NON-COMMERCIAL display of materials is small.  The likeness statutes normally make one disgorge profits from unauthorized use, and there are no profits in non-commercial displays.  You could consider putting a "Fair Use" copyright disclaimer on everything you post.  You are educating the public.

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Offline Seve2U

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Re: Question of any legal problems posting vids
« Reply #6 on: December 22, 2016, 08:40:08 AM »
Actually, the likeness rules give way to first amendment rights as to acts filmed in public.  There are a few court cases saying that a state could not make it a crime to photograph and display an "upskirt" photograph, taken without the subject's consent.  What happens in public is liable to be filmed by others and is fair game because of a lessened expectation of privacy.  This is so even if the girls fighting are not adults.  So the mere fact that one's likeness is involved, or a fighter is under age, is not determinative.  What I can say is that YT probably has a contractual provision that provides that it owns some intellectual interest in anything that was posted and displayed on its website.  If YT objects, you will likely want to avoid confronting them.

You are, however, unlikely to encounter any resistance on such posting.  If you do, you can always choose to take it down.  The danger involved in the NON-COMMERCIAL display of materials is small.  The likeness statutes normally make one disgorge profits from unauthorized use, and there are no profits in non-commercial displays.  You could consider putting a "Fair Use" copyright disclaimer on everything you post.  You are educating the public.

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Offline BigDevil

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Re: Question of any legal problems posting vids
« Reply #7 on: December 22, 2016, 03:58:31 PM »
If they were taken down from youtube it could be for any number of reasons. That message they give is probably just a generic thing they put up. So if in doubt its best to not post.
If you do decide to put them up we don't want any links to anywhere on this site and will remove them immediately.
Have fun and tussle.

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Offline kekus

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Re: Question of any legal problems posting vids
« Reply #8 on: December 24, 2016, 07:15:14 PM »
Post the VK video links