Which country&#39;s jurisdiction applies on YouTube channels? When a video is uploaded to YouTube, it is visible to the rest of the world, meaning YouTube displays it everywhere. Does this mean all countries' law applies to it? If the videos are in English and are about science in general, does this mean if some countries someday ban (imprisonment) science videos or use a specific colour in videos, can they extraterritorially enforce this imprisonment if they are in some other countries like the USA or India? I mean, can a country just bring any YouTuber to a jail outside its borders (using its national language as the language of the video) who uploads content of international appeal because of some law? Also, can a country just hold liable for YouTube's data privacy practices a YouTuber outside its borders and enforce the judgment if the practices of both YouTuber and their channel and YouTube is legal in their home country? One last thing is whether the inclusion of ads makes a difference?
Does this mean all countries law applies to it? Basically yes. If the videos are in english and are about science in general does this mean if some country some day bans ( imprisonment ) science videos or use of a specific colour in videos can they extraterritorialy enforce this imprisonment if they are in some other country like USA or India? With respect to criminal cases, only if it can arrest that person or convince another country to arrest and extradite that person. Generally speaking, countries will only extradite someone if it is a serious offense under the domestic laws of the country of arrest as well as the country requesting that the person be handed over, and also only if the crime occurred in or was targeted at the requesting country. Sometimes the arrest is not legal in the place where it is made. For example, in this case decided by the U.S. Supreme Court (the quote is from the official syllabus to the case): Respondent, a citizen and resident of Mexico, was forcibly kidnapped from his home and flown by private plane to Texas, where he was arrested for his participation in the kidnapping and murder of a Drug Enforcement Administration (DEA) agent and the agent's pilot. After concluding that DEA agents were responsible for the abduction, the District Court dismissed the indictment on the ground that it violated the Extradition Treaty between the United States and Mexico (Extradition Treaty or Treaty), and ordered respondent's repatriation. The Court of Appeals affirmed. Based on one of its prior decisions, the court found that, since the United States had authorized the abduction and since the Mexican government had protested the Treaty violation, jurisdiction was improper. Held: The fact of respondent's forcible abduction does not prohibit his trial in a United States court for violations of this country's criminal laws. U.S. v. Alvarez-Machain, 504 U.S. 655 (1992). I mean can a country just bring to jail any youtuber outside its borders ( using its national language as the language of the video ) who uploads content of international appeal because of some law? If the country can manage to arrest the person, yes. There are high profile cases from Saudi Arabia where that has happened. See, e.g., here and here (a blogger and his sister arrested in Saudi Arabia, while his wife and children flee to Canada), here (journalists for Lebanese periodical arrested in Saudi Arabia in relation to years old publications) here (more journalists arrested in Saudi Arabia), here (&quot;A male Saudi Arabian teenager has been arrested in Riyadh over a series of online videos of conversations between him and a female Californian streaming-video star that went viral.&quot;), here (Yemeni blogger), and here (Washington Post journalist tortured and killed in Saudi Arabian embassy in Turkey at the direction of a senior member of the Saudi Arabian royal family). Also can a country just hold liable for youtube's data privacy practices a youtuber outside its borders and enforce the judgement if the practices of both youtuber and their chanell and youtube is legal in their home country? A country can hold anyone liable for anything its domestic laws allow it to hold someone liable for, and can enforce that judgment against any assets it can exert power over. Some countries with similar legal systems recognize each other's court judgments widely. Countries with very different legal systems often don't recognize each other's judgements. For example, most European countries do not recognize U.S. money judgment for torts (i.e. civil wrongs such as personal injury awards). Similarly, the U.S. does not recognize most foreign defamation judgments, and does not recognize most judgments of Saudi Arabian courts. One last thing is wether inclusion of ads make a difference? Usually not. But it can matter for purposes of assertions of lawsuit liability over someone outside the jurisdiction seeking to impose liability for something that harmed someone in their country. If conduct amounts to &quot;doing business&quot; in the country seeking to impose liability or amounts to a &quot;purposeful availment&quot; of the laws of the country seeking to impose liability in some why, an imposition of extraterritorial liability is more likely, and that tends to happen more in cases where there are ads that are commercial targeting the people of the country where the courts seek to impose liability.
No. There are certain provisions of section 230 that carve out what liability these companies have for third party (i.e. User) speech on their web pages in 230(e). 230(e)(2) says that nothing in Section 230 may be construed to limit or expand laws reguarding intellectual property. These services are still on the hook if users post trademark or copyright infringing material to the site. Other such matters similarly not permitted include obscenities laws, exploitation of children laws, state laws, communications privacy laws, and sex trafficing laws. As a special note that section 230 was created to allow for emerging internet technologies and buisness to not have to worry about third party speech on their platform from holding them liable as a publisher. Thus, if I was to sue youtube for defamation of character based on a video you uploaded, calling me a Sith Lord, I could not sue Youtube (who has lots of money) but would rather have to sue you (who I presume does not have lots of money... at least not youtube/Google levels of money). Thus youtube cannot be civilily liable. It can still be criminally liable and liable for copyright infringement.
Yes (probably), under COPPA The FTC has stated that YouTube content creators could be held liable under the Children's Online Privacy Protection Act (COPPA), a United States law that &quot;imposes certain requirements on operators of websites or online services directed to children under 13 years of age, and on operators of other websites or online services that have actual knowledge that they are collecting personal information online from a child under 13 years of age.&quot; (source) The FTC's FAQ on complying with COPPA notes that &quot;operators will be held to have acquired actual knowledge of having collected personal information from a child where, for example, they later learn of a child’s age or grade from a concerned parent who has learned that his child is participating on the site or service.&quot; It also has the following question/answer (emphasis added): I operate a general audience video game service and do not ask visitors to reveal their ages. I do permit users to submit feedback, comments, or questions by email. What are my responsibilities if I receive a request for an email response from a player who indicates that he is under age 13? Under the Rule’s one-time response exception (16 C.F.R. § 312.5(c)(3)) you are permitted to send a response to the child, via the child’s online contact information, without sending notice to the parent or obtaining parental consent. However, you must delete the child’s online contact information from your records promptly after you send your response. Assuming the FTC is correct that content creators (not just the service itself) are responsible for COPPA compliance, a Discord server administrator would likely be required to ban/delete the account of a user upon discovering (acquiring actual knowledge) that the user is under 13. It may be a defense that they believed the user's retraction and claim that it was a lie, but I wouldn't want to be stuck arguing that in court (an underage user who doesn't want to be banned certainly would have a good reason to lie about their age upon finding out that they would be banned for having admitted their actual age).
You can always get in trouble. Copyright is always protected by the laws of a particular nation, by the courts of that nation. Because of the Berne Convention and the Universal Copyright Convention, I can sue you outside of my country, and will be treated as a person of that country. The conventions don't say who has jurisdiction, that is where you have to sue, so you have to resort to conventional jurisdictional principles. If you are in Europe, under the Brussels Convention, that means I have to sue you in your country of domicile (if you reside in multiple European nations, I get to decide which country to sue you in). The English courts are slightly different in that they generally hold that you sue in the country where the act took place, but (Lucasfilm v Ainsworth) you can sue in UK courts for infringement that occurs in the US. As you can see, this can get complicated. I can't sue you in Mongolian courts (assuming neither of us has any connection at all to Mongolia), but I could sue you (being a hypothetical UK citizen) in UK courts if you did the infringing deed while in Mongolia. Mongolian courts enforce Mongolian copyright law, US courts enforce US copyright law. Therefore you first have to decide what country you plan to sue in (from the plaintiff's perspective).
This has some basis in law. You need permission from a person to commercially exploit their likeness especially in California, and a waiver is a way of staving off future lawsuit over right of publicity. YT has a privacy policy whereby a person who have been filmed can request removal of the video (see also this, because they don't explain the policy in a single place). Because YT is commercially exploiting people's personalities, this is necessary.
As stated in the answer to What is considered &quot;public&quot; in the context of taking videos or audio recordings?; if either of the participants is in Australia than unless all parties have given consent then the recording is illegal. Notwithstanding its legality, property in the recording vests in the person who made it. There is no law against him keeping it. There is no law against him publishing it unless the material contained is offensive, hate speech or defamatory (see Customer feedback gathering in Australia).
You're largely correct, though there's some vocabulary you're using that could go either way in terms of proper understanding. My comments on your understanding, presuming we're dealing with two Berne countries (UCC is largely irrelevant these days): My understanding of copyright is that it grants the author an exclusive right to distribute their work in whatever manner they'd like for some amount of time (determined by the copyright duration in a country). Generally correct though there can be many exceptions here (fair use, technical/temporary copying, first-sale doctrine, etc.). Can a person in Country A legally use the adapted work? I'm assuming no [...], Basically correct, whoever holds rights to the original work could theoretically still assert their rights in Country A on any portion of the derivative work that was part of the original. [...] does that mean that the author of the work created in Country B does not technically have all the rights to the work they created, since they have no control over whether their work can be distributed in Country A? This is splitting hairs, but while the derivative author has the rights given to them by copyright law, they aren't absolute. In particular in this case, regardless of which country, they still don't have any inherent exclusive rights over the original work. With respect to country B, those exclusive rights have expired so they don't bind the derivative author, but they haven't expired in country A. If that is the case, then would these rights be &quot;granted&quot; to the author of the adaptation when the copyright finally expires in Country A? Again splitting hairs, but its more helpful to express that no rights are actively granted by the expiration of copyright in Country A, it's just that no one holds those rights anymore (here there might be a language issue too, generally in copyright law &quot;rights&quot; refers to those exclusive actions that may be taken by the copyright holder, and not always to the &quot;right&quot; i.e. &quot;freedom&quot; for someone to do something).
Very similar to how MySpace done it all those years back.... MySpace did it differently back then because they got sued for copyright violations for the music their users were uploading and streaming. https://www.google.com/search?q=myspace+lawsuit+music These days, you can upload music to MySpace, but they have licenses and agreements with music publishers, and are clear to their users what can be legally uploaded: https://help.myspace.com/hc/en-us/articles/202591770-Music-Upload-Requirements And remember.... By uploading any content to Myspace, you hereby certify that you own the copyright in or have all the necessary rights related to such content to upload it. Don't step on someone else's hard work. And Myspace is are clear on how they handle copyright violations: https://help.myspace.com/hc/en-us/articles/202055394-Copyright-FAQs Myspace will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. Now, with your question: you are allowing users to both upload music and stream it. Streaming is legal in the UK; see an older question here on LSE Is Streaming Copyrighted Content Illegal in the UK But the hosting - storing the actual files - of copyrighted material is not legal. But my app knows no detail of the song uploaded. Could be anything.... This doesn't matter; the files are on your server. You run the risk of legal action being taken against you for the actual .mp3 file of copyrighted music on your server. You are the owner of the webserver, and thus control the files on it, along with your knowledge of building an App that allows users to upload the files. Even if you claim to know nothing about what users upload with the App you built, the music files are on your server. What happens also depends on where the server with the music files is located, i.e. in the UK (action against you legally possible), or elsewhere (legal action against depends on the country and their laws and agreements with other countries). If your server is in a third-party country and can't be taken down, but you are a UK resident, the music companies can still go after you in other respects, as the paying owner of the server, the owner of the domain registration, even possibly as the creator of the App itself.