[WikiEN-l] YouTube links

[Ray Saintonge]

Rory Stolzenberg wrote:

>On 1/4/07, Erik Moeller <erik at wikimedia.org> wrote:
>  
>
>>On 1/4/07, Guy Chapman aka JzG <guy.chapman at spamcop.net> wrote:
>>    
>>
>>>I am using common sense.  I am absolutely not suggesting that we don't
>>>link to YouTube period.  If the video has a valid fair use rationale
>>>on YouTube then it's not a copyright violation.
>>>      
>>>
>>Can you give some examples of copyvios that have been linked to /
>>should be removed?
>>    
>>
>Sure.
>
>http://en.wikipedia.org/w/index.php?title=Keep_it_to_Yourself_%28single%29&diff=prev&oldid=87401447
>
>http://en.wikipedia.org/w/index.php?title=Luther_Blissett_%28footballer%29&diff=prev&oldid=87403693
>
>http://en.wikipedia.org/w/index.php?title=Snowman_%28album%29&diff=prev&oldid=87398157
>
>and many more.
>
One of the tests for determining whether there is contributory 
infringement mentined in Intellectual Reserve v. Utah Lighthouse 
Ministry 
<http://www.law.uh.edu/faculty/cjoyce/copyright/release10/IntRes.html>, 
the case referenced in [[Wikipedia:Copyrights]] is whether there is a 
reasonable likelihood that the site hosting the material will be found 
in violation.  In that case the hosts included a whole handbook, and 
there is a likelihood that that alone would fail the proportion of 
material used test for fair use.  The fair use argument is available to 
YouTube's uploaders, and fair use is not a copyright infringement.  It 
is not up to us to go through the full fair use rationale because we are 
not hosting the material.

Ec