Question:I'm starting a new video/music site soon and won't be taking any videos off youtube. But what I want to know is can I actually do this.
Is it illegal to let people upload music and videos they have onto my site?
Answer:
As long they own the copyright on that....it's ok. ( this meaning as long as they did the music/video)
Don't overlook this key item:
«... the holder of a copyright has an obligation under the law to invoke its copyright; if violations are habitually overlooked, the holder may be deemed to have abandoned the copyright.»
«I think you are confused between trademark and copyright»
While trademark and copyrights are a bit different, this is the key principal behind abandonware. If they owner does not take action against you using his work or rather... The owner is not around nor cares then you can psuedo legally use their work since this is a civil violation rather than a criminal and the govnerment will not proactiviley persue intellectual property violation on their own without someone asking them to.
That said... If the owner does object to your usage he can haul you into court.
Failing to enforce one's copyright does *not* abandon the copyright. Abandonment of copyright requires a showing of an intent on the part of the copyright holder to abandon it. An obvious example would be, for instance, a readme file that says «this software is in the public domain.» There could be circumstantial ways (one court has held that destruction of the only known existing copy *could* be evidence of abandonment, but I never saw a final disposition on that case).
Trademark is different, because the essence of a trademark is its identification with the good or service whose origin it identifies. If a trademark is not defended, and it goes into common use as a generic term as a result (think «zipper» and «escalator,» both of which were formerly trademarks), then the word is no longer an identification of source, and is no longer functioning as a trademark. Which is why the trademark owners of «Xerox,» «Kleenex» and «Band-Aid» send those legal letters.
Knowingly failing to enforce a copyright may lead to it being unenforceable against someone who has relied on it not being enforced, under doctrines known as estoppel or laches, but that's not the same as abandoning the copyright. The principle is kind of the same as watching a next-door neighbor building a patio that extends an inch onto your property: if you know about it and wait until he's done, a court will say, «sorry, you lose, you should have stopped him before he relied on your silence.» But that doesn't' mean the same neighbor can then go and build a tennis court onto your property.
«Because abandonware would conflict with the stated goal of granting «exclusive right» (irrespective of profit), it is not currently recognized in the United States. In 2003, the United States Supreme Court further clarified this in deciding Eldred v. Ashcroft, 537 U.S. 186, which affirmed the legality of the Copyright Term Extension Act, an act that extended the current copyright terms by an extra 20 years. The decision noted that, so long as a copyright term is finite, it is permissible under the Constitution. Thus, a copyright in the United States is protected by the full strength of the law until it expires, between 70 and 120 years after initial creation, giving the copyright owner the monopoly for the duration.»
It's standard practice for websites to make users finanically and legally responsible for copyright violations, though no one reads the T&C. The DMCA usually protects Americans and other people in places where the DMCA has been copied, but it can be the case that a user could handed passed a $2K invoice for every image illegal image they upload, am sure it's way higher for video and audio.