hi Charles,

i think we had this discussion just a short while ago and it seems to be a sensitive issue. i've been contending with it myself over at loadedpun.com. basically, i try to show the video in as unaltered a state as i can.

what i tend to do is this:

if the video is creative commons copyrighted and hosted on the archive, i link directly to the video on the image of the video and link to the vlog page it came from just below the image. i also try to link to the vlog as a whole and/or the vloggers main blog or site when i write about them. i give attribution for the peice (it's title, creator, vlog name) under the image and in the accompanying text post.i try to talk about the site as a whole and encourage people to go and check out their other stuff and comment.

if the video is creative commons copyrighted and hosted on the vloggers' own server, i link the image to the vlog post the video can be found in. i still give text attributions and links as well.

if the video carries a traditional copyright, i link to the person's vlog and i also try to write to them to ask permission to review it (i'm not always this careful though. too hasty. i must slow down!) during videoblogging week, i showed one video from each day picked randomly from the pack. this required me to go quickly and i wasn't able to contact first in order to show them on the same day. i hope no one is offended by this.

i have no idea what the "official" way to link is and i don't think anyone has a definite answer for it. i don't think about it in terms of "fair use" so much as i think about how i would like my stuff treated.

one really interesting thing that happened during the whole veoh debacle that i hadn't considered and am considering now is that media feeds might pick up the vids and attribute them to me if they are "hot linked". that's not good, i think. i am rethinking how i do it now. my concern has always been that an extra step to view the video will prevent many readers/viewers from watching the videos, which would be a shame. there is so much excellent content out there!

On 4/10/06, Charles Iliya Krempeaux <[EMAIL PROTECTED]> wrote:
Hello,

My question is.... Is it Fair Use to link directly to a vlog's video?

(People would probably call this "hot linking".)

NOTE: I'm NOT talking about re-hosting or transcoding.  This would be getting the video straight from the vloggers site.

And more importantly, if it isn't Fair Use, should it be?  And an equally important question, if it is Fair Use, should it not be?

Also (assuming you think it is OK to "hot link" to videos), what would be the "best" ways to do it?...
  • Is it OK to use the HTML <a> element to link directly to the video?  (Either llinking in text or a thumbnail or a flipbook of the video?)
  • Is it OK to use the HTML <embed> or <object> elements to link directly to the video?  This would essentially be playing video on inside of someone else's page.
  • Should the "hotlinker" add any extra data along with the "hotlinking"?  (Like the title, description, a linkback, etc)
  • How does all this relate to (RSS and Atom) feeds?
  • How does all this relate to semantic HTML usage?
  • How does all this relate to SMIL usage?

See ya

--
    Charles Iliya Krempeaux, B.Sc.

    charles @ reptile.ca
    supercanadian @ gmail.com

    developer weblog: http://ChangeLog.ca/
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