Intellectual Property Law

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I make fitness apps. They pull a lot of workouts from

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Hello,I make fitness apps. They...
Hello,I make fitness apps. They pull a lot of workouts from YouTube + added app functionality (calendars, challenges etc).An attorney reached out to me from a YouTube channel and had several apps taken down, due to me using their clients YouTube videos without permission. I was under the impression I am able to do this per YouTube's TOS.https://developers.google.com/youtube/terms/api-services-terms-of-serviceI am looking for help on looking into the situation above. I need someone to look at the TOS and the attorney's email and offer some advice:1. Am I able to do what I am doing
2. How I should respond backThe apps make significant income, so I'd like to keep them all.
Submitted: 1 year ago.Category: Intellectual Property Law
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8/7/2017
IP Lawyer: Lucy, Esq., Attorney replied 1 year ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Users who upload videos to YouTube retain their own copyrights. The agreement you linked is giving people access to use YouTube's website, software, and logo, but they have no rights to give away other people's copyrights for free. If you look at Section 5, it says:

Compliance with Laws. You and your API Client(s) will, and you will require those acting on your behalf and your users to, (i) comply with all applicable laws, rules, and regulations, and (ii) not access or use the YouTube API Services in a manner that violates such laws, rules, and regulations, or in a manner that is deceptive, unethical, false, or misleading.

That includes all copyright laws. You still need consent from the maker of any videos you are using for profit to use their service. Some people who provide the content may be happy to sell the rights in order to expand their own reach. Or they may be willing to license the work for you. But there's unfortunately no right to take someone else's copyrighted work and use it to make money.

Whether to respond or not, and what to say, is up to you. Using the videos is not legal. You can offer to negotiate a resolution, or inform them that while you do not believe you have done anything wrong, you removed the videos from your app at their request.

It might help to have a local attorney help if you want to respond to them, and to help you contact other content providers about using their work.

I apologize that this was probably not the Answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information. I hope you understand. Please rate my answer positively to ensure I am paid for the time I spent answering your question. If you are on a mobile device, you may need to scroll to the right. Thank you.

Good luck.

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IP Lawyer: Lucy, Esq., Attorney replied 1 year ago

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