The 21st Century is not for slow learners. New tech is popping up every other day and the day after that even newer tech is rendering it obsolete. Things are moving so fast not even the long arm of the law can grasp it all. What can you do that’s cool to do and what can you do and get away with? Then there’s what can you do that will put you in a uniform with a cellmate and lousy food? One of the latest big questions is surrounding YouTube and the use of converters. What is rock solid wrong and where is the wiggle room? Let’s look at the rules and see how we can break them.
According to YouTube, the use of MP4 Converters is forbidden. US Copyright Law covers YouTube’s millions of videos, so making copies without the owner’s permission is by definition – illegal. Then it stands to reason that converting YouTube videos to MP4, which is the same as copying is also illegal. YouTube policy is clear – no usage of YouTube to MP4 third party sites. An exemption to this is Fair Use, but there are others. YouTube would prefer you not know them and have several provisions to scare potential infringers away.
Article 4C from YouTube’s Terms of Service states:
“You agree not to access Content through any technology or means other than the video playback pages of the service itself, the Embeddable Player, or other explicitly authorized means YouTube may designate.”
This sentiment is further emphasized by Article 5B, which dictates, “…..you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube of the respective licensors of the Content.”
Finally, Article 14 from YouTube’s Terms of Service states:
“These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and YouTube that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Santa Clara County, California. These Terms of Service, together with the Privacy Notice at www.youtube.com/t/privacy and any other legal notices published by YouTube on the Service, shall constitute the entire agreement between you and YouTube concerning the Service.”
The YouTube-to-MP4 sites require you to click on a video, copy the video’s link, paste it into the third-party site, then download. This puts you on safe ground. YouTube’s Terms of Service restrict the use of services, not the exploitation of links. So, using YouTube URL’s in third party converter sites isn’t illegal.
Another thing to remember is your role as the consumer in these conversions. In 2017 YouTube-MP3.org was shut down after lawsuits from Sony Music, Warner Bros., and UMG for copyright infringement claims against the third-party site for allowing the public to convert YouTube videos to MP3 and download them. Based on YouTube’s agreement the host is the lawbreaker for distributing the content.
In the case of the individual user, violations are up to the courts to determine the legality. This is where personal use steps in. As long as you’re not sharing this ripped off content nobody is going to go to the trouble of suing an individual. At least it hasn’t happened yet. However, those individuals with ever growing massive fan bases might want to consult an attorney.
Even though YouTube’s Terms of Service aren’t law, there are penalties if breached. You might not wind up in criminal court, but beyond your suspension, civil remedies are in place for violators. For instance, you are not criminally negligent if you break the Terms of Service. However, you are under legal obligation to cease your violation in the Terms of Service and legal action can be brought against you if you do not cease.
So, on the question of conversions being illegal or not – it depends. If the purpose is to distribute, reproduce or sell – then it is, but personal use is that grey area of maybe not being illegal, just opportunistic.
