Answered By: Rebecca Mackle
Last Updated: Feb 03, 2016     Views: 51

When you subscribe to use Vimeo’s or YouTube’s services you enter into legal agreements with them and are obliged to comply with their respective terms and conditions.

Uploading content to YouTube and Vimeo:

  • for both services you must own the copyright or have the right to upload any content
  • you must obtain the informed consent of identifiable individuals featured in your content
  • where content includes third party material, you must ensure either that a copyright exception applies, such as 'fair dealing for criticism or review', or that you have permission from the rightsholder(s) to upload the material

Using existing content:

  • you can embed a YouTube video without requiring separate permission 
  • you must play them through the YouTube Player, as opposed to downloading and converting them to another format, which is not automatically permitted by YouTube

The Court of Justice of the European Union handed down a landmark verdict on October 25th, 2014. The Court ruled that embedding copyrighted videos is not copyright infringement, even if the source video was uploaded without permission.