Legal issues and problems on the use of videos on websites, embedding, downloading in conjunction with music
1. Video Legal issues in relation to the integration of proprietary content (creation of video clips via TRIVID pages)
The integration of multi-media content (images, moving images / videos, graphics, diagrams, presentations, logos, brands, etc.) on proprietary websites, weblogs or other kinds of platform has become highly significant with regard to increasing sales opportunities and generating more traffic and emotionality, as well as consolidating the information available to visitors.
It is therefore necessary to address the following questions with regard to the integration of content via ClipgeneratorTM:
- Am I the originator of all the content I want to include in my video?
- If not, have I acquired the necessary rights to ensure I do not violate any third party rights?
- Who is liable in the event the integrated content is in violation of third party rights? Can the owner of a website be held liable if he "merely" and unknowingly integrates videos that are in breach of copyright law on his website?
When you create a video using ClipgeneratorTM and the music made available by Trivid for this purpose you will have legitimately acquired the following rights and can use them as described in the following:
- Use of video designs, animations and effects for your own video
- Use of music owned by Trivid as made available via the selection menu
- Video clip generation (the right to create an edited version of the music, dubbing and synchronisation rights)
- Embedding in websites with online streaming (enabling public accessibility, reproduction)
- Sending a link (enabling public accessibility, reproduction)
- Embedding a link in a newsletter (enabling public accessibility, reproduction)
You can LEGALLY integrate any video you have created using your own content (images, presentations, logos, text, etc.) in your website or send it as a link or present it in a newsletter, etc.
2. Video - legal questions in connectio with partly or entirely 3rd party content (Creation of Video-Clips via Clipgeneratortm)
All rights to the music available via or used by Clipgenerator are either owned by Clipgenerator itself or the required rights have been purchased.
- The commercial use of the video (in connection with an advertisement or advertising film) is only permitted if we have explicitly pointed out the admissibility thereof. This is still impermissible in most cases, as most rights holders have reserved this right for themselves. This is currently the subject of intensive negotiations.
- It is only with regard to your own ONLINE streaming that GEMA has further requirements for the streaming portal, unless Clipgenerator is used as an embedded solution on existing websites. This is a part of the rights obtained by GEMA from the authors and publishers with regard to the viewing of videos on portals. This streaming right must be purchased directly from GEMA's websites/on-line portals via its on-line licence shop. This is not complicated and only takes a few minutes. Payment is by automatic debit transfer.
The use of this music excluding its use for advertising purposes! - with regard to any form of publication and reproduction requires
- The consent of the artist (who recorded the music)
- The consent of all (!) originators (they are: composer, lyricist, arranger, and possibly the publisher representing them). This applies both to music editing and film dubbing. It is possible that a charge will be levied.
- An agreement with GEMA with regard to enabling public accessibility via the Internet (fees for Video on Demand, namely VR-OD2 for downloads and VR-OD3 for streams and, if pre-listening is available, VR-W2)
- The use of music for advertising purposes (corporate films, spots, trailers, etc.) for presentation purposes also requires additional licensing agreements and fees.
- You can view the relevant information and tariffs directly at www.gema.de/musiknutzer under the "Tariffs" section in each usage category.
Trivid requires every user of its platforms who uploads music to agree to the general terms and conditions by actively confirming that he holds all the rights to the image, music or audio track (e.g. spoken text in a video) and indemnifies Trivid from all claims raised by third parties. In the event of an infringement or if proof of ownership cannot be provided for all the rights, Trivid is entitled to remove videos from the server and delete them, even if the video webspace has already been paid for.
Tip: If you upload an audio track for your video that you have spoken and recorded yourself you can rest assured that it meets all of the above requirements and can be combined with the video without risk.
If you want to use music but are not sure whether you have acquired all the rights you are advised to check the legal situation before doing so (e.g. by entering the title into the music search function at GEMA. If the search finds the title it is imperative you first acquire all the rights before using the music.
3. Video embedding Legal problems relating to content embedding (videos)*
Anyone who uploads content protected by copyright or other infringing content (e.g. infringement of personality rights or trademark rights) to YouTube & Co. may face claims to cease and desist, reimbursement and possibly compensation.
In the event third party claims are raised against the video platform due to an infringing video, the platform will usually have secured indemnification claims against the uploading party (through its general terms and conditions).
The fact that various platforms offer videos and other content for inclusion does not mean that the holder of rights has granted his consent to the inclusion and that embedding the content is therefore legally permissible (under copyright law).
Whether or not a website is directly liable for infringing content it has integrated via a portal is yet to be defined by a court of law. Liability depends heavily on the design and circumstances of each individual case or, from a copyright viewpoint, whether consideration is more judgmental or technical in nature.
It is, however, clear that the integrating website will be held liable as a so-called co-troublemaker (contributorily negligent party) if the integrated content is not removed after the website operator has been informed of the infringement.
* Article 3 with kind permission of solicitor Dr. Carsten Ulbricht (www.rechtzweinull.de).
The music publisher has had the authors' rights (composers, lyricists) transferred to his company and exercises these rights with regard to users. This does not only apply to the use of the music as such, but also to changes made to the music or when combining it with film, photos, speech or text (processing). Public performances (radio, TV, internet, concerts) are also remunerated via the music publisher.
GEMA is a collecting society. Its aim is to simplify and standardise the collection of fees as this often cannot be enforced by the publishers themselves, or only inadequately, due to the complexity of the process. This particularly applies to public performances (e.g. radio, restaurants), copying onto sound storage media and publication on the internet.
The music label has produced and paid for the artist's recording. It is therefore also entitled to all rights to the recording of the music track. It usually demands the highest possible fees for the utilisation of the music.
Trivid has entered into advance contracts with all these rights holders in order to facilitate the clearance of these rights for users of the Clipgenerator technology (CGT) and to simplify and legalise the use of this music by paying the required fees. Without due payment being made to the rights holder, the use of this music is illegal. This and the simple, unproblematic technical implementation of video generation is to be made possible by using the Clipgenerator technology.
All rights to the music available via or used by Clipgeneratortm are either owned by Clipgenerator itself or the required rights have been purchased. It is only with regard to ON-LINE streaming that GEMA has further requirements for the streaming portal, unless Clipgenerator is used as an embedded solution on existing websites. This is a part of the rights obtained by GEMA from the authors and publishers with regard to the viewing of videos on portals. This streaming right must be purchased directly from GEMA's websites/on-line portals via its on-line licence shop. This is not complicated and only takes a few minutes. Payment is by automatic debit transfer.
We hope to have answered the main questions in a sufficiently comprehensible and brief manner. If you should have any further questions, simply contact us. We are on good terms with all rights holders. The entire on-line and mobile phone utilisation of music is still in its infancy and is constantly and rapidly developing.