What rights do the EULAs for video-hosting sites claim?

Here's Markus Weiland's great research report detailing which rights each video-hosting site claims to your material when you upload it. Be sure to click through to see the whole list:
Blip.tv: Appears to claim only those rights needed for running the service and offers users to choose their own license for viewers. States that personal data will only be disclosed where legally required. Located in the State of New York, USA.

Dailymotion: Appears to claim only those rights needed for running the service, however it always offers viewers a license for viewing only. The service is located in France where reasonable data protection laws can be expected, however personal data will nevertheless be disclosed based on "good-faith belief".

Flickr Video (Canada): Claims of content rights appear to be limited to needs for running the service but wording regarding "purpose" leaves some room for interpretation. No attribution for uploaded content can be expected from the service. Personal data is disclosed based on "reasonable belief". Located in province of Ontario, Canada for Canadian users.

Kyte.tv: Claims the right to use uploaded content for advertising its service, including deriving own works from submitted content. Grants viewers the right to derive own content from uploaded videos. Processes personal data in the USA and discloses it in "good faith belief". Service located in State of California, USA.

Owned? Legal terms of video hosting services compared (via Lessig)


  1. This is scratching the surface of video hosting.

    What about Viddler? Vimeo? Youtube?

  2. #1, if you go to the linked article, you’ll see that Vimeo and YouTube (but not Viddler) are covered.

  3. As is the case with absurd EULAs, what I’d really like to see is a contract lawyer’s analysis of the enforceability of such “agreements”.

  4. With the Veeple service, the customer keeps 100% of everything they submit. All video content.

    6.3. CUSTOMER RETAINS ALL OWNERSHIP OF COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO ANY INFORMATION CUSTOMER SUBMITS TO VEEPLE, INCLUDING CUSTOMER SUBMISSIONS. Further, Veeple will not use Customer’s Submissions for marketing purposes without first receiving permission from the Customer.

  5. I am surprized that the Canadian version of Flickr requires you to waive your moral rights to uploaded content.

    According to my little CARFAC book here, moral rights can not be waived or sold. am I misreading something here?


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