Playing Youtube on a bar TV?

[PoeDogg]

Do any of you guys happen to know the rule for playing a Youtube playlist on a TV in a bar? Legal/illegal?

We have the two license needed to play original falang CD’s, but I want to plug the laptop up to the bigscreen and play some real music and have a video to go with it.

Thanks,

[OMGImInPattaya]

Interesting case, as most of the music and video clips posted to YouTube are in fact illegal postings of copyrighted material. However, YouTube is able to keep them up as they as a company didn't post the content and only have to remove content if notified by the copyright holder of the violation. It's all spelled out in the Digital Millenium Copyright Act. In any case, YouTube itself is a public website and not subject to any use or viewing restrictions to my knowledge so I would assume hooking it up to be shown in ublic woul be legal in the USA or anywhere else. Maybe the lawyers here can give us an opinion.

[petercool]

The spirit of licencing laws may be broken if not the actual word and in my opinion those who can and do check on these things can make an issue on that basis. The fact is that no one has been paid locally for the rights to play the music on YouTube publicly and that is the crux of the matter. It's an interesting question nevertheless as I see this happening on the Darkside a lot.

[OMGImInPattaya]

The spirit of licencing laws may be broken if not the actual word and in my opinion those who can and do check on these things can make an issue on that basis. The fact is that no one has been paid locally for the rights to play the music on YouTube publicly and that is the crux of the matter. It's an interesting question nevertheless as I see this happening on the Darkside a lot.

Well at least in the US, Google (YouTube's owner) and YouTube users, at least the viewers, are free from any legal jeopardy from owning and using the service. So would an internet cafe owner (remember those) wherein all 10 stations had users watching the same music video clip. What's the difference between that and instead of having the 10 terminals just having a single big one and having 10 people in a bar watching it?

Of course, I don't know the specifics of Thai law on this subject and of course the DMCA has no force and effect in Thailand. As a practical matter, the local fuzz would probably try to scare a bar owner doing this out a little tea money each month.

Edited November 22, 2013 by OMGImInPattaya

[ThaiBob]

I just glanced at this and I am not a lawyer but I didn't see any prohibitions concerning the OP's question:

http://www.youtube.com/t/terms

[Pattaya Pat]

_{So nobody knows then...}

[ThaiBob]

_{So nobody knows then...}

Right, OP should contact Youtube.

[HeavyDrinker]

I'm sure legal or not, some fake official/thug will find a way to scam a few thousand out of those using youtube...

[manarak]

Interesting case, as most of the music and video clips posted to YouTube are in fact illegal postings of copyrighted material. However, YouTube is able to keep them up as they as a company didn't post the content and only have to remove content if notified by the copyright holder of the violation. It's all spelled out in the Digital Millenium Copyright Act. In any case, YouTube itself is a public website and not subject to any use or viewing restrictions to my knowledge so I would assume hooking it up to be shown in ublic woul be legal in the USA or anywhere else. Maybe the lawyers here can give us an opinion.

I say it's clearly in breach of copyright.

The reason is, that the copyright is attached to the work, not to the media used.

This means that an earlier breach of copyright by a first media which is then re-broadcasted, re-streamed (as in the case of Youtube), copied, etc. does not absolve the further breaches of copyright that occur downstream by every subsequent re-broadcaster or user.

Take the example of music discs, CDs: one can acquire original CDs that are legal to play for private use, but playing them in a bar would require a different licence.

The copyright entirely depends on which work is played to which audience, not on how the work was physically acquired.

I also note that showing soccer games in bars also requires a special licence if I remember well.

Youtube, as far as I remember also does not transfer any commercial usage rights to re-broadcasters.

Furthermore, display in a bar is clearly in breach of Youtube TOS:

1. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content.

source: http://www.youtube.com/static?template=terms

My opinion: it's clearly illegal.

How inspectors will react to it? impossible to say, maybe they will just ignore it for now until supplied with new directives.

Edited November 23, 2013 by manarak

[OMGImInPattaya]

Interesting case, as most of the music and video clips posted to YouTube are in fact illegal postings of copyrighted material. However, YouTube is able to keep them up as they as a company didn't post the content and only have to remove content if notified by the copyright holder of the violation. It's all spelled out in the Digital Millenium Copyright Act. In any case, YouTube itself is a public website and not subject to any use or viewing restrictions to my knowledge so I would assume hooking it up to be shown in ublic woul be legal in the USA or anywhere else. Maybe the lawyers here can give us an opinion.

I say it's clearly in breach of copyright.

The reason is, that the copyright is attached to the work, not to the media used.

This means that an earlier breach of copyright by a first media which is then re-broadcasted, re-streamed (as in the case of Youtube), copied, etc. does not absolve the further breaches of copyright that occur downstream by every subsequent re-broadcaster or user.

Take the example of music discs, CDs: one can acquire original CDs that are legal to play for private use, but playing them in a bar would require a different licence.

The copyright entirely depends on which work is played to which audience, not on how the work was physically acquired.

I also note that showing soccer games in bars also requires a special licence if I remember well.

Youtube, as far as I remember also does not transfer any commercial usage rights to re-broadcasters.

Furthermore, display in a bar is clearly in breach of Youtube TOS:

• Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a download or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content.

source: http://www.youtube.com/static?template=terms

My opinion: it's clearly illegal.

How inspectors will react to it? impossible to say, maybe they will just ignore it for now until supplied with new directives.

Good bit of research on your part. I would also highlight the following language in the TOS: "You may access Content for your information and personal use..."

[ThaiBob]

Yes, good job Manarak, looks illegal.

[WinnieTheKhwai]

And yet, it is common practise EXACTLY BECAUSE it results in less legal trouble compared to even legally purchased CDs.

Apparently the people who check on such things (both the actual ones as well as the scamming thugs) can't and don't bother bars and restaurants using Youtube exactly because there is no physical media (including MP3 files) to be obtained for evidence.

One thing that still applies though is that most bars rather not play Thai music. But all the regualr Western content is fine. (Which, of course is NOT on Youtube illegally; publishers post official versions to youtube and have done so for a long time. All the Vimeo content et al.)