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Dwayne B.
Dwayne B., Attorney
Category: Business Law
Satisfied Customers: 32535
Experience:  Practicing for over 20 years and helped a number of businesses with litigation.
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I have a blogsite on which, among other things, I post You

Resolved Question:

I have a blogsite on which, among other things, I post You Tube music videos. I follow You Tube’s instructions: 1) Share 2) “Copy and paste this link to an email or instant message.”
The music videos are neither sold nor changed on blogsite, they are just there to enhance the blogsite.
Eventually intent is to draw revenue on my blog site by offering advertising, but again, not thru sales of the music videos on the blogsite.
Based on the above, and based on You Tube’s “terms of use” below, is this legal?
You Tube’s “terms of use”:
You may access User Submissions solely:
for your information and personal use;
as intended through the normal functionality of the YouTube Service; and
for Streaming.
"Streaming" means a contemporaneous digital transmission of an audiovisual work via the Internet from the YouTube Service to a user's device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user. Accessing User Videos for any purpose or in any manner other than Streaming is expressly prohibited. User Videos are made available "as is."
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
Submitted: 8 years ago.
Category: Business Law
Expert:  Dwayne B. replied 8 years ago.
Under the terms you've outlined there would not appear to be any problems as long as you are streaming from YouTube as opposed to dowloading them fromYouTube and then using them that way.

One of the things in your favor is that any ambiguities or unclear sections of their user agreements will be construed in your favor and against them.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

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Customer: replied 8 years ago.

Texas Atty,

Based on how I described using YouTube music videos, in essence, to offer YouTube links on my blog site, is that legitimately considered "streaming," which is legal, OR, could that possibly be considered "downloading" or "redistributing," which are illegal according to You Tube's terms of use.

Expert:  Dwayne B. replied 8 years ago.
That is the ambiguity I am referring to. I think it is more likely that it would be considered streaming under all definitions of that term and would thus be acceptable under their rules. This is backed up by the fact that many blogs and websites which are commercial in nature post YouTube videos using their embedded links and there don't seem to be any problems.

Thank you for allowing me to assist you. I believe I have answered all of the questions you asked so I would request that you please click the ACCEPT button so I receive credit for my work and leave feedback if you have a chance. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. Please remember that we can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions. Please be aware that my answer is not legal advice, it is merely information and no attorney client relationship has been formed. You should always contact a local attorney for legal advice.

Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR TEXAS ATTY” in the subject line and I will pick up the next time I am online.
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