Those free video hosts...what's the catch?

[zoobie]

As of late, I've noticed these free video hosts popping up all over the net using a new program evidently.
Some say your video will appear on television and I guess they make a buck or a few thousand off your work. Others don't say this but still I have the feeling since their TOS is in french or whatever that your vids will end up on foreign television.

Any suggestions as to which are actually clubs without a catch and which are video gathering techniques to make a buck off you?

Thanks

[thecoalman]

video gathering techniques to make a buck off you?

I'd imagine they all want to make a buck off you. Hosting videos requires a lot of server space and bandwidth, neither is cheap when you're dealing with large files. The big catch is the ads they serve up on the pages you visit.

[jimmalenko]

video gathering techniques to make a buck off you?

I'd imagine they all want to make a buck off you. Hosting videos requires a lot of server space and bandwidth, neither is cheap when you're dealing with large files. The big catch is the ads they serve up on the pages you visit.

Not to mention that there's probably something buried in the T & C in font 6 (or in french ) that signs away your rights to the files.


There's a lot of good freeware floating around ...... but these are the exception to the rule:

Nothing in this life is free.


Everything has a catch.

[zoobie]

Weird thing is, I haven't noticed any ads...yet.
www.dailymotion.com
www.current.tv
www.vidilife.com
I guess vlogs are all the rage now...but I'm not totally sure of the agenda.

A vlog or video blog is a blog (short for weblog) which uses video as the primary content; the video is linked to within a videoblog post and usually accompanied by supporting text, image, and additional meta data to provide context.
Blogs often take advantage of RSS for syndication to other web sites and aggregator software (rss readers). With the inclusion of RSS Enclosures, which provides the ability to attach media files to a feed item/blog post, it is possible to bypass the mainstream intermediaries and openly distribute media to the masses via the Internet. Vlogs are beginning to take advantage of this technological development, just as audioblogs have in recent years via the podcast boom.

I created a group at one and uploaded a video I found lying around on the net. I'm not ready to upload any of my stuff until it's perfectly clear what the agenda is. I'm looking around for a reliable and trustworthy organization preferably non-profit that is huge and lots of fun without fear of anything being shady or being sold without my knowledge.
All I've seen so far is horrible shakey amateur video which is making me look like a genius.

[dipstick]

Why don't you submit a video to the Videohelp.com video contest? It'll give you a chance to show off your talents.

[zoobie]

Well, I'm not interested in games...no offense.

Here's the TOS translated from French obviously written by lawyers...the first red flag. The catch must be buried somewhere in this:

PreambleThe Preamble has a full contractual value and does not constitute simple keys of interpretation of this Agreement.

This Agreement (hereafter called "the Agreement") has the aim of placing at the disposal of the User all average the techniques available to the Company (hereafter "the Person receiving benefits") in order to diffuse Vidéos provided by the User (hereafter "Vidéos").

Vidéos are defined like all animated sequences of images, wired for sound or not, whatever their durations, their format, their quality or their topic.

The USER CANNOT HAVE ACCESSES TO The SERVICES PROVIDED BY The PERSON RECEIVING BENEFITS AND DEPOSIT The VIDÉOS THAT If IT ACCEPTS the AGREEMENT AND ALL The PROVISIONS WHICH IT CONTAINS.

WITH THIS INTENTION, the USER MUST CLICK ON The BOX "I ACCEPT" LOCATED At the END Of the AGREEMENT, EC CLICK CONSTITUTING ACCEPTANCE FULL AND WHOLE CONDITIONS Of the AGREEMENT AS WELL AS The RECOGNITION BY the USER WHOM IT Is well informed OF The CONTENTS OF THIS ONE.

The User then receives by mall a confirmation of his assent to the Agreement as well as a copy of the Agreement.

If the user notches the box "I do not accept", it will not be able to diffuse Vidéos and to profit from the services provided by the Person receiving benefits.

Article 1. Services provided to the UserThe Person receiving benefits commits himself diffusing Vidéos by the means of the site www.dailymotion.com or via various syndications (aggregates of sites), subject to the provisions of Article 1 subparagraph 2 of the Agreement. Vidéos will be classified and accessible on the site by keyword, groups and owner. The Person receiving benefits sets up a system of research on which Vidéos will be accessible.

The PERSON RECEIVING BENEFITS NO OBLIGATION TO DIFFUSE The VIDÉOS PROVIDED BY the USER, AND SE RESERVES The CHOICE OF The CASES WHERE SUCH A DIFFUSION SEEMS To HIM JUSTIFIED. THUS, THE PERSON RECEIVING BENEFITS CAN CONSTANTLY TO ADD, WITHDRAW THE VIDÉOS, OR TO MODIFY THE CLASSIFICATION OF ALL THE VIDÉOS, JUST AS TO INTEGRATE THOSE INTO LISTS OF READING CALLED PLAYLISTS.

Moreover, the User commits himself to respect all the technical elements dependent on the Person receiving benefits, namely in particular, not using the services or interfaces provided by the Person receiving benefits with an aim other than that envisaged in the Agreement.

Article 2. Authorization.The User grants to the Person receiving benefits the world authorization to exert on a purely free basis the following rights, for all the legal duration of these rights:

To reproduce Vidéos on all supports, namely the numerical or analogical supports such as in particular the supports cassettes vidéos or audio, CD, DVD, Hard Disk, and to ensure the representation or communication the public of Vidéos, in particular on Internet, with television, the cable, the satellite, the radio, or apparatuses mobile (telephones, computers of pocket, game consoles).
To incorporate Vidéos in one or more said new Works ' uvres Composite.
The rights above include the right to carry out the modifications necessary technically for the exercise of the rights in other technical formats and processes.

In accordance with the practices and uses on Internet, the Person receiving benefits reserves the possibility of including any publicity which it wishes on the pages where are diffused Vidéos, without Vidéos not being integrated into an unspecified publicity.

The User admits n the other hand authorizing free the exercise of the rights quoted previously of the services provided by the Person receiving benefits.

Article 3.Exceptions with the exclusive rights.No provision of this contract has as an intention to reduce, limit or restrict the prerogatives resulting from the exceptions to the rights, the exhaustion of the rights or other limitations with the exclusive rights of having the right according to the right of the author's copyright and artistic or other laws applicable.

Article 4. Restrictions.The User commits himself maintaining a confidentiality total with regard to any legal entity or physical as for the various processes put in ' uvre by the Person receiving benefits. Thus, any programming, sequence of interface, and generally, any component of the site www.dailymotion.com is the exclusive property of the Person receiving benefits.

The authorization granted by article 2 expressly subjugated and is limited by the respect of the following restrictions:

The Person receiving benefits can reproduce, represent or communicate to the public Work including by numerical way only according to terms' of this Contract.

The Person receiving benefits cannot offer or impose conditions of use of Vidéos which deteriorate or restrict the terms of this Contract or the exercise of the rights which are granted to the recipient there.

The Person receiving benefits must store intact all the information which return to this Contract.

If the Person receiving benefits reproduced, distributes, represents or communicates Work with the public, including by numerical way, it must store intact all the information on the mode of the rights and allot paternity of it to the Original Author, insofar as the technical conditions allow him.

He must communicate the name of the Original Author or his possible pseudonym if he is indicated; the title of Original Work if it is indicated; as far as possible, address Internet or Uniform Identifier of Resource (URI), if there exists, specified by the User as associated Work, unless this address does not return to legal information (paternity and conditions of use of Work).

If a use of Work would be subjected to a legal mode of obligatory collective management, the User reserves the exclusive right to collect these royalties via the company of collection and qualified distribution of the duties. Are in particular concerned broadcasting and the communication in a public place of sound records published at ends of trade, certain cases of retransmission per cable and satellite, the private copy of Works fixed on sound records or videogrammes, the reproduction by reproduction.

Article 5. Guarantees and ResponsibilitiesBy placing Work at the disposal of the public according to terms' of this Contract, the User guarantees:

That it obtained all the rights, and in particular the rights of ownership intellectual on the ' uvre, necessary to be able to authorize the exercise of the rights granted by this Contract, and to allow the peaceful pleasure and the licit exercise of these rights, this without the Person receiving benefits not having any obligation to pay remuneration or any other payment or rights, within the limit of the mechanisms of obligatory collective management applicable described to article 4(e);
That Vidéos are not constitutive of any violation of the rights of third, in particular of the rights resulting from the right of the author's copyright and artistic, the trade-mark law, of the right of information, the criminal law, or all other right, nor constitutive of slandering, violation of the private life, and in particular of the right to the image of the people or the goods present on the vidéos.
The User is only responsible for the consequences for all continuations or complaints of all kinds on the base of the guarantees stated above.

The Person receiving benefits guarantees a diffusion of Vidéos in the respect of their integrity, and commits himself putting all the means of which it lays out in order to ensure a permanent and continuous diffusion of Vidéos.

The Person receiving benefits is not responsible for any direct or indirect damage undergone by the User within the framework of the execution for the Agreement, namely in particular, any material loss or moral, like commercial, loss of reputation, loss of sales turnover.

With the exception of the provisions of the Agreement, or any other agreement written between the parts, Vidéos are placed at the disposal in the state without other guarantees, that it is express or tacit, with regard to the contents or of the exactitude of Vidéos.

With the exception of the guarantees of law and order imposed by the applicable law and of the repairs imposed by the mode of the responsibility with respect to the thirds because of the violation of the guarantees envisaged by article 5 of the Agreement, the User could not be held responsible with respect to the Person receiving benefits for any damage direct, material or moral, resulting from the execution of this Contract or the use of Work, including on the assumption that the User were informed of the possible existence of such a damage.

Article 6. Cancellation and Revision of the AgreementIn the event of revision of the Agreement, the Person receiving benefits forwards to the User a mall containing the new conditions of the Agreement or endorsement. The User must accept the new conditions, while clicking on the bond placed at his disposal in the mall, to be able to continue to profit from the services provided by the Person receiving benefits. The User has a 10 days deadline to accept or refuse the new conditions.

The refusal by the User to accept the new conditions can involve on behalf of the Person receiving benefits the cancellation of the Agreement or other endorsements signed between the parts before.

Any failure under Accord which would prevent the continuation of it, by one of the parts involves the full cancellation of the Agreement.

However, whatever the reason for cancellation, the Agreement preserves its effects towards the persons or entities which received on behalf of the Person receiving benefits, pursuant to the present contract, the provision of Vidéos, this as long as they respect their obligations fully. Articles 2, 3, 4, 5, of the Agreement continue to apply after the cancellation of this one.

Within the limits indicated above, this Contract applies throughout all protection of Work according to the applicable duty.

Article 7. OthersThe nullity or the inapplicability of an unspecified provision of this Contract to the glance of the applicable law does not affect that of the other provisions which will remain fully valid and applicable.

No limit, renunciation or modification of the terms or provisions of this Contract could be accepted without the assent of the parts as defined in subparagraph 3 of Article 7.

In addition to the assent with the present Agreement which is done under the conditions envisaged with subparagraphs 4 and following of the Preamble to the Agreement, the assent of the parts to any endorsement like any communication between the parts with the Agreement is done by mall or, incidentally, any electronic mean of communication or not.

This Agreement constitutes the only agreement between the parts concerning the diffusion of Vidéos, notwithstanding any endorsement which the User could accept in the future.

The User will be however held by any charter of good use of the site which the Company could establish relating in particular to the respect of the right of the communication, and of the criminal law, and the Company reserves the right to withdraw immediately very contained appearing illicit to him, in a unilateral way, and without prior agreement of the User;

The User recognizes with the Person receiving benefits the right to treat the personal data that it provides him in order to respect the provisions of the Agreement as for the paternity of Vidéos, like allowing this last to ensure a good administration of the Site.

The Person receiving benefits commits himself respecting Data-processing provisions of the Law the "and Freedoms" of January 6, 1978 and begins to make a statement of processing of personal data in respect of the procedures established by the CNIL.

Article 8. Applicable dutyThe duty applicable to the Contract is the French right whatever the residence or place of residence, of exercise of the profession of the one of the parts to the Agreement.

Article 9. Court of jurisdictionAny litigation incipient directly or indirectly from the application of this contract is exclusive competence of the Court of Bankruptcy of Paris.

[zoobie]

I think I've found the catch...although it isn't visible quite yet. The above seems to be legit...and probably is. But the intent is for this and other new sites using this new sharing program to gather tens of thousands of members then be sold down the road. Guess what? The TOS is suddenly changed...often without the member being notified. You sign away your rights to your pics, songs, and videos which can then be used to turn a hefty profit...all at little or no cost to the host. Chances are, you'll never see your stuff because it's often sold to foreign media markets.


Case in point:

It looks like "myspace.com" is being bought for 580 million dollars. If any of you have music posted on myspace you may want to remove it now - being bought by Fox allows Fox to use any of the songs or material you have posted on myspace.com for free (based on their TOS):

By posting Content on any public area of MySpace.com, you automatically grant as well as represent and warrant that you have the right to grant to MySpace.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to MySpace.com and that MySpace.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

So, some sites start out legit....with the intent of selling down the road.

[thecoalman]

Case in point:

It looks like "myspace.com" is being bought for 580 million dollars. If any of you have music posted on myspace you may want to remove it now - being bought by Fox allows Fox to use any of the songs or material you have posted on myspace.com for free (based on their TOS):

By posting Content on any public area of MySpace.com, you automatically grant as well as represent and warrant that you have the right to grant to MySpace.com, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content to MySpace.com and that MySpace.com has the right to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.

Under the assumption that they myspace.com does have the rights to all those files deleting them from your webspace isn't going to do anything. If their intentions are to gather these files you can bet that they keep a copy of each one regardless of whether you delete it or not.

Having said that I'd imagine they are opening themselves up to lawsuits as well. Just because someone uploaded it doesn't necessarily mean they have the rights to do so. Just for example I have many images that are hot linked from myspace.com They haven't but uploaded but who's to say others haven't? I wouldn't doubt it...... I would love to see one of my images used illegally by someone.....

On a side note, I'm going deny access to hot linked images shortly. Just have to work the kinks out so Google and other legitimate sites can still do so.... Any suggestions for a substitute? I'm thinking some hard core porn.