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9 legal questions about YouTube - what is allowed and what is not?

YouTube is the most worldwide largest and most popular video platform: Hundreds of millions of hours of video are played and billions of views are generated every day. Especially Children and teenagers spend a lot of time on YouTube and get there Tips and entertainment of all kinds - from comedy clips to computer game tutorials and make-up instructions. Of course, YouTube is perfect too current music videos, films or series to look at.

However, more and more users are asking themselves: What is actually allowed on YouTube? Can i download videos? Or have a music playlist running in the background at a party?

We clarify the most common legal questions about YouTube - what is allowed and what is not?


1. Can I download YouTube videos?

In principle, yes, as long as it is two requirements are fulfilled:

  • The Original is legal, i.e. the video was legitimately published and distributed.
  • The downloaded video is used exclusively for private use (e.g. download to your own computer).

Everything beyond that, that is Disseminate, reproduce or make publicly available, represents a Infringement of copyrights and is therefore not allowed.


2. What is a legal template?

A legal template is a work (e.g. video) which lawfully created and published has been. Examples:

  • A user takes a video himself and then uploads it to YouTube.
  • The new music video of a pop star is on its official YouTube channel released.

The 2015 amendment to copyright stipulates that the Copy of a work (e.g. a picture, video or piece of music) which made for private use becomes, only from lawfully produced and published original pieces may take place. This means that downloading a YouTube video for private use is only legal if the original template has been legally acquired and published on YouTube.

This eliminates many videos on YouTube that are eunambiguously about copyright infringing copies acts. Ultimately, whether or not a particular video was legitimately posted on the Internet has to be assessed by the users themselves become.

Tip: On YouTube you can assume that it is a Music video posted on an artist's official YouTube channel was released to a legal template acts. On the other hand, it is presumably illegal to publish the music video by user “whatever777” with 17 views. Even with one secret movie recording it is very likely an illegal document.


3. Can I download the music track from YouTube videos?

Generally, yes.

For the Download (also called "grabbing" or "ripping") the audio track of videos The same applies as for the download of the videos themselves: A copy of the work may be made for your own and private usewithout having to obtain the rights holder's consent - provided that the original is legal (see point 2).

A further disseminate or publish the music track (e.g. playing at a large party or making it available on a swap exchange) would of course be one Copyright infringement.


4. Can I play YouTube videos or playlists as background music at a party or in the classroom?

In some cases yes, in others clearly no.The answer to this question depends primarily on whether the Presentation of the videos in private or public areas happens:

  • As Demonstration in the private sector For example, if the video in front of some (close) friends or family members is being played - that's fine and doesn't infringe any copyrights. Finally, Austrian law allows a copy to be made for personal and private use.
     
  • At a Performances in front of a whole school class or at a party however, it is assumed that friends of friends are also present. This means that the demonstration falls into the public area and makes a Infringement of Copyright represent.

The Border between public and private exploitation can usually only be pulled with difficulty. That is the decisive factor here "Personal bond" of the peoplewho are involved in the exploitation (e.g. watching a video). A personal bond is one closer relationship to a person who about a mere "knowing" goes beyond (e.g. a friendship or a family relationship).


5. Can I embed a YouTube video on my website or share it on Facebook?

Basically it is allowedEmbed videos from video platforms on your own website or share them in social networks such as Facebook.

At the Embed videos will this not copied directly onto the website itself, but only allows access to the video. The content, i.e. the video, is still on YouTube, from where it is in most cases streamed becomes. The one or the other embedding user can therefore not responsible for the content of the video be made. But that only applies if the video kContains easily identifiable, illegal content (e.g. National Socialist re-employment, child pornography, etc.).

Danger:Carelessly sharing videos can have consequences! Who about inflammatory contentthat he / she did not create himself, intentionally and advocately redistributed, can go to court be prosecuted for it. This also applies to the sharing or "reposting" of posts in social networks such as Facebook or Twitter (Section 283 (4) StGB). What is not meant, of course, is the critical sharing of hate postings in the sense of clarification, criticism and counter-speech.

More information is available in the article “Hate postings on the Internet - what does the law say?” Or in the information flyer “Hate postings” from the ISPA.


6. Can I put homemade videos on YouTube?

Of course! As long as she Creator of the videos are and do not violate any third party rights, uploading your own videos to YouTube is no problem.

Which third party rights must be observed?

  • Right to your own picture: who filming strangers without being asked and publish these recordings without their consent, can violate the personal rights of those depicted. Exceptions are recordings in public space or if the person's recordings are a "by-product" (e.g. a person in the background of a sight being photographed).
     
  • Exploitation rights of works: Here you can Exploitation right, broadcast right, screening right, right of disposal or right of reproduction be affected - to name a few. Behind these complicated names there is actually only the information, who is allowed to show, play, publish or reproduce a work where and how often. It is not allowed to use a foreign song as background music for your own video as long as you do not have the consent of the author or acquire the necessary exploitation rights.


7. Can I have music playing in the background on my YouTube video?

If Music just happens to be in the background is running, the legal situation is different. Since October 1, 2015, the Austrian law regulates the accessories (§42e UrhG), which states that it is okay to record and distribute works (e.g. films, music, videos) if they are only by chance or incidentally or without reference to the actual subject the exploitation act were taken up. An example: At a birthday party, a video is being made of unpacking the gifts and a song is playing on the radio in the background.


8. What happens if I violate copyrights on YouTube?

If you use a work without obtaining the consent of the author or the corresponding exploitation rights to own, commit one Copyright infringement.

In this case, the authors or rights holders can give you send a warning (by post). This usually asks you to enter the to prevent specific legal violations within a certain period (e.g. removing from the Internet the video in which a protected song is being used without permission), a Cease and desist declaration submit and possibly damages to perform as well as the Legal fees to take over. In extreme cases, this can be very expensive become! Take such warnings must be serious and seek advice, for example from the Internet Ombudsman (www.ombudsmann.at).

Danger:Again and again, fake warnings are circulating on the Internet, which are emailed by fraudsters to countless people. Read here how you can distinguish fake from real warnings.


9. What content am I not allowed to upload to YouTube? What is “illegal” content? Why are some videos deleted again?

What content is illegal depends on the respective legal system. What is legal in Austria can be banned in another country - and vice versa.

Copyright infringements are fundamentally illegal. It is forbidden to publish or reproduce a video on the Internet without asking and without the necessary exploitation rights. Such copyright infringement will be also punished severely by YouTube and quickly deleted. According to Austrian law, the Downloading such illegal videos is not allowed - even for private use (see points 1 and 2).

In Austria there are also Certain content, such as child pornography, National Socialist ideas and hate speech, is illegal and possibly punishable.

There is the possibility on YouTube Report inappropriate content. To do this, log in to your YouTube account and click under the respective video on "More" and then on "Report". Then indicate which is why you find the video inappropriate (e.g. "Violent / repulsive content", "Child abuse", "Violates my rights" etc.).

How to report inappropriate content on YouTube (click to enlarge).


You can find more information on this in thePrivacy Guide "Safely On YouTube" (pdf, 2.7 MB).

It is about child pornography or National Socialist content, you can watch the video too aReport nonym to the Stopline


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