QUESTION

Is it illegal to share a YouTube video on Facebook of a full album that is not uploaded by the author?

Asked on Feb 22nd, 2014 on Intellectual Property - New Jersey
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Is it illegal to share a YouTube video on Facebook of a full album that is not uploaded by the author? For example, if there is a video on YouTube of a full album by a particular band uploaded by some random person with lyrics on screen, is it legal to share that YouTube video by clicking 'post to wall' and that video being posting on your Facebook?
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1 ANSWER

Intellectual Property Attorney serving Manchester, NH at Hayes Soloway P.C.
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It would be copyright infringement to copy someone's album to Facebook without the permission of the author or owner of the copyright. The fact someone posted the album on YouTube does not change that equation.  Even if it was legally posted on YouTube, you still cannot copy the album unless you have permission. You may be able to post a link on Facebook to a YouTube site that contains the album. At that point you are not copying the work, you are only providing an online address. If YouTube takes down the album, then the link would be useless. Someone might be able to make the case that by posting the link, you are engaging in contributory infringement, but I have not heard of that argument being made successfully. Good luck, Todd
Answered on Feb 24th, 2014 at 10:10 AM

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