CopyrightConsidering the fact that we rely on importing video materials that are not hosted on our website, we would like, and ought to, address copyright and copyright infringement laws. It is apparent that it is a nearly impossible task to track the copyright laws of all of the world’s countries. That is why we ask for your sympathy when we state that we cannot and will not take responsibility for your use of public content.
We have listed the general laws and rules below.
HiHaHo is situated in The Netherlands, which falls under the international jurisdiction of The European Union.
According to the jurisprudence ruling of the Germany’s Federal Court of Justice (Bundesgerichtshof) referred to by the European Court of Justice, the use of copyrighted material is generally allowed when it’s embedded. However, it is only allowed if it has been made public by the copyright owner and has not been edited. Since HiHaHo does not edit the source material but instead adds an interactive layer on top of the video, we do not see this as altering the source material.
Therefore, it is your responsibility of handling public materials responsibly. Make sure you only use materials that have been uploaded by the rightful owner. This statement is based on the following document.
In terms of copyright, YouTube and Vimeo both issue clear statements in their use of service that indicate the legality of using their public videos.
Youtube dictates in Article 8.1.B that as you upload material to YouTube “you grant to each user of the Service, a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these Terms.” (YouTube Terms of Service).
Vimeo states, that as a license to Vimeo itself, the owner of the content agrees with the following: “you grant Vimeo and its affiliates a limited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (…), and make derivative works from your video for the purpose of (…) (ii) displaying the video on third party websites and applications through a video embed or Vimeo’s API subject to your video privacy choices; (iii) allowing other users to play, download, and embed on third party websites the video, subject to your video privacy choices (…).” (Vimeo Terms of Service)
To summarize, be cautious with the materials you use. Either use materials of which the copyright belongs to you or materials of which the copyright holder has allowed you to use it. When using publicly available content, make sure that the materials come from the right source, rather than from an account that has copied and/or edited the materials.
If you uphold these basic online behavior values, copyright ought not be a worry and we will all be as happy as these stock models.
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