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MOOCs and/or online courses: copyright guidelines

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Preamble

IITBX respects the intellectual property rights and other proprietary rights of the content owners. It is expected that all the content creators will follow due diligence process before using any content created by the third party.

Intellectual property due diligence is an indispensable activity of the MOOC creation. Every creator is expected to respect the IP rights of a content owner. It should also be noted that the content creator is solely responsible for his/her content presented through MOOC.

The present document may be useful to MOOC creators in copyright due diligence activity. We are assuming that each MOOC creator is aware about the basics of copyright.

The document contains two parts. The first part comprises the main information document, and the second part is an “Appendix”, which elaborates on the concepts, definitions and includes a few useful sections of Copyright Act of India. Please remember that MOOC is not a limited activity like classroom teaching, and hence few sections, like section 52 of Indian Copyright Act, will not be applicable to MOOC.

The information document covers various aspects related to copyright such as the subject matter of copyright, how to search copyright status of content, how to check for free images available on search engines like Google, who is the owner of content, where to find “terms of use” for a particular content, how to give link for particular websites, what is “Creative Commons”, and what are the different CC licenses.

Your suggestions are always welcome to make this document more useful. If you have any query, you can contact us at legal@iitbombayx.in.

1. What is copyright?

Copyright is a person's exclusive right to reproduce, publish, or sell his or her, any published and unpublished original work of authorship (as a literary, musical, dramatic, artistic, or architectural work) in whatever form of expression fixed in a tangible form.

1.2. What is the subject matter of copyright? Definition

Sr. No. Subject Matters Definition
1 Literary works Any work written or printed in any language e.g. novels, poetry or books on any subject Includes tables, compilations and computer programmes
2 Dramatic works Any piece of recitation, choreographic work or entertainment in dumb show, the scenic arrangement or acting form which is fixed in writing or otherwise
3 Musical works Any combination of melody and harmony or either of them printed, reduced to writing or otherwise graphically produced or reproduced.
4 Artistic works A painting, a sculpture, a drawing (including a diagram, map, chart or plan),an engraving or a photograph An architectural work of art. Any other work of artistic craftsman
5 Cinematograph films A cinematograph film also includes the sound track if any Includes any work produced by any process analogous to cinematography eg. Video film Record Any disc, tape or other device in which sounds are embodied so as to be capable of being reproduced there from other than a sound track association with a cinematograph film.
6 Sound recordings "sound recording" means a recording of sounds from which such sounds may be produced regardless of the medium on which such recording is made or the method by which the sounds are produced
7

Related rights

  1. Broadcasting right
  2. Performers’ right

"broadcast" means communication to the public-

  1. by any means of wireless diffusion, whether in any "broadcast" means communication to the public-
  2. by any means of wireless diffusion, whether in any one or more of the forms of signs, sounds or visual images; or
  3. by wire, and includes a re-broadcast

"performance", in relation to performer's right, means any visual or acoustic presentation made live by one or more performers; (qq) 24 "performer' includes an actor, singer, musician, dancer, acrobat, juggler, conjurer, snake charmer, a person delivering a lecture or any other person who makes a performance

2. Is there any difference in applicability of copyright laws to classroom teaching versus Massive Open Online Courses (MOOCs) or similar online courses?

Yes.

Classroom teaching is restricted to limited number of participants, and is also limited to a certain country or location. Thus, it follows the copyright law of the land.

Ex: Indian Copyright Act, 1957 provides certain privileges under Section 52, which will not be applicable to MOOCs or similar online courses.

2.2. What are the guidelines for using the content for MOOCs or like online courses?

  • As far as possible, use original work.
  • You can use work of others, if copyright of that work is expired (Term of copyright)
  • Whenever you use the work created by third party, please provide reference.
  • Carefully read “Terms of service and copyright policy” or “Terms and Conditions” or any such document before using any content created by third party.
  • Carefully check Creative Commons license, YouTube license or any other license under which the work is released by the copyright owner.
  • Identify the owner of the work, and communicate with him/her to take permission for the usage of the work that they have created.

3. How to find the owner of the copyright?

  1. The author is the owner of the copyright work unless he/she has transferred his/her rights to others through any agreement or legal instrument. The list of the subject matter of copyright and the author is as follows:
    • Literary or dramatic work - Author of the work
    • Musical work - Composer of the music
    • Artistic work - Artist
    • Photograph - Person taking the photograph
    • Cinematographic film - Owner of the film at the time of its completion
    • Record - Owner of the original plate from which the record is made at the time of making of the plate.
  2. You can check the copyright notice on the work.

    The copyright notice may contain:

    • The copyright symbol -© or (p) for phonorecords, the word “Copyright,” or the abbreviation “Copr.”;
    • The year of first publication of the work (or of creation if the work is unpublished); and
    • The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation.

4. How to check copyright status of the content available on any website?

  • First, find out the source of the content.
  • Second step is to find out about the “Terms of service and copyright policy” or “Terms and Conditions” or any such document. These documents are generally placed at the bottom of the screen.
  • Please read the document carefully to understand the terms and conditions for the usage of the content.
  • Decide the use of the content based on the “Terms and Conditions” or any such document.

4.1 How to check copyright status of an image available on Google?

  • Go to Google search page.
  • Type a “keyword” of the image you are searching and press “enter” key.
  • Click on the “image” option present among various other options such as All, Maps, News, Videos, and so on.
  • Click on the “Tools” option present on the same line.
  • Click on the “Usage rights”.
  • Select the required option from the drop down menu.
  • Choose the image of your interest.
  • Click on the image.
  • Confirm the license

5. Are there any websites where I can find content to be used freely?

Yes, there are a few websites which make the content freely available.

Here, although the content is freely available; somewhere in the terms some clauses related to copyright or restricted usage may be mentioned. Hence, it is advisable to read the “Terms of service and copyright policy” or “Terms and Conditions” or any such document before using any content, although the website mention free usage of the content.

Ex: Please see the following clause which is part of the “Disclaimer” on a website, which makes content freely available.

Copyright status for any particular image can only be ultimately determined though the legal or judicial system of a particular jurisdiction. While careful research has gone into sourcing the images and content on this site, there is always a possibility that an image on this site is not in the public domain. As ******* would like to continue to offer ****** for your use and enjoyment for free, you must accept full responsibility for using the images and content on ******. ******* does not make any guarantees that the images are free of copyright, are fit for any particular purpose, and assumes no liability for their use. 

  • Here are few links which may be useful to you.
    • https://pixabay.com/en/service/terms/
      • The site provides copyright free images and videos. The only restriction is to avoid large scale copying of content.

         

        The notice/terms of use includes following clause.

      Large scale copying of Content is prohibited except as expressly authorized by Pixabay. To be clear, this applies to all Content, including Content made available as part of the public domain. The Service is protected by copyright as a collective work and/or compilation, pursuant to copyright laws, international conventions, and other intellectual property laws.

      • https://vimeo.com/creativecommons-

        The site provides clear categorization of the content against CC licenses. Kindly make use of the content according to the CC license.

        • http://search.creativecommons.org/ -

          The site provides the content in various categories such as media, image sound recording, music etc. Here, we should note the notice displayed on the site which is as follows.

          Please note that search.creativecommons.org is not a search engine, but rather offers convenient access to search services provided by other independent organizations. CC has no control over the results that are returned. Do not assume that the results displayed in this search portal are under a CC license. You should always verify that the work is actually under a CC license by following the link. Since there is no registration to use a CC license, CC has no way to determine what has and hasn't been placed under the terms of a CC license. If you are in doubt you should contact the copyright holder directly, or try to contact the site where you found the content.

          • https://pixnio.com/

            The site provides the free use of images. Here, we should note the notice displayed on the site which is as follows.

            Restriction of Liability

            This site makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this website and expressly disclaims liability for errors and omissions in the contents of this website. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents of this website or its hyperlinks to other Internet resources. The site assumes no responsibility for the contents of any other web sites this web site may have links to.If you wish to use any material created by other source, you must seek permission directly from their owner.

            • https://www.freepik.com/

              The site offers high quality graphic designs: exclusive illustrations and graphic resources to users.

              Here, we should note the notice displayed on the site. One example is as follows.

              The Services may offer, in the result of that search, contents owned by FreePik (“FreePik Content”), contents owned by third parties offered through the Freepik Website (“Freepik Collaborators Content”) as well as third-party content not offered free of charge (“Freepik Sponsored Content'). Freepik Sponsored Content is duly differentiated and identified on the search results. FreePik Content and Freepik Collaborators Content shall be hereinafter referred to collectively as the “FreePik Selection” and can be downloaded through the Freepik Website.

            5.1. Can I provide links of other websites?

            Yes. You can provide links of other websites.

            Again, the advice is to carefully read the “Terms of service and copyright policy” or “Terms and Conditions” or any such document. If it mentions restricted usage, such as no derivative, no commercial use, then follow such instructions.

            Some websites provide links, which are not owned by them. In such case, carefully access the link and the “Terms of service and copyright policy” or “Terms and Conditions” or any such document available and related to that link to avoid any copyright infringement by you.

            It is advisable that while providing such links, take a caution to give disclaimer/notice.

            Ex: "Users" of these "Sites" can use the content for their own usage. It is suggested to follow Intellectual Property Right notices, if any, given by the respective owners of the content.

            It is also suggested to take care that the web link must open in a separate window. While directing the “user” to the web link owned by third party, it is a good practice to give notice.

            Ex: This is to inform you that by clicking the hyperlink, you are leaving our website and entering a website operated by the third party. It is suggested to follow Intellectual Property Right notices, if any, given on that website.

            6. What is Creative Commons?

            Creative Commons (CC) is a global non-profit organization that enables sharing and reuse of creativity and knowledge through the provision of free legal tools. CC provides six major licenses.

            6.1. Can I use content released under “Creative Commons” license for MOOCs or similar online courses?

            Please check the CC license carefully before use. Out of the six prevalent CC licenses, three CC licenses prohibit commercial use of the content.

            Ex:

            img1

            Attribution-NonCommercial-NoDerivs CC BY-NC-ND

            This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

            Attribution-NonCommercial-NoDerivs CC BY-NC-ND

            A standard license is the permit from a competent authority to own or use something. "Standard YouTube License" grants the broadcasting rights to YouTube. 

            References:

            Indian Copyright Act, 1957

            Digital Millennium Copyright Act (DMCA)

            Creative Commons-https://creativecommons.org/faq/#what-is-creative-commons-and-what-do-you-do

            YouTube standard license- https://www.youtube.com/static?template=terms

            Annexure

            A Few Important Definitions

            1. "Adaptation" means-
              1. in relation to a dramatic work, the conversion of the work into a non-dramatic work;
              2. in relation to a literary work or an artistic work, the conversion of the work into a dramatic work by way of performance in public or otherwise;
              3. in relation to a literary or dramatic work, any abridgement of the work or any version of the work in which the story or action is conveyed wholly or mainly by means of pictures in a form suitable for reproduction in a book, or in a newspaper, magazine or similar periodical; and
              4. in relation to a musical work, any arrangement or transcription of the work;
            2. "Architectural work of art" means any building or structure having an artistic character or design, or any model for such building or structure;
            3. "Calendar year" means the year commencing on the 1st day of January;
            4. "Cinematograph film" includes the sound track, if any, and "cinematograph" shall be construed as including any work produced by any mechanical instrument or by radio-diffusion;
            5. "Delivery", in relation to a lecture, includes delivery by means of any mechanical instrument or by radio-diffusion;
            6. "Engravings" include etchings, lithographs, wood-cuts, prints and other similar works, not being photographs;
            7. "Government work" means a work which is made or published by or under the direction or control of-
              1. the government or any department of the Government;
              2. any Legislature in India;
              3. any court, tribunal or other judicial authority in India;
            8. "lecture" includes address, speech and sermon;
            9. "literary work" includes computer programmes, tables and compilations including computer 35A "literary data bases ;
            10. "Photograph" includes photo-lithograph and any work produced by any process analogous to photography but does not include any part of a cinematograph film;
            11. "Plate" includes any stereotype or other plate, stone, block, mould, matrix, transfer, negative or other device used or intended to be used for printing or reproducing copies of any work, and any matrix or other appliance by which records for the acoustic presentation of the work are or are intended to be made;
            12. "Radio-diffusion" includes communication to the public by any means of wireless diffusion whether in the form of sounds or visual images or both;
            13. "Record" means any disc, tape, perforated roll or other device in which sounds are embodied so as to be capable of being reproduced there from, other than a sound track associated with a cinematograph film;
            14. " Work of joint authorship" means a work produced by the collaboration of two or more authors in which the contribution of one author is not distinct from the contribution of the other author or authors;
            15. "Work of sculpture" includes casts and models.

            Term of copyright (Indian Copyright Act, 1957)

            Literary, dramatic, musical and artistic works:- (other than a photograph) published within the lifetime of the author until sixty years from the beginning of the calendar year next following the year in which the author dies.

            Photographs: - sixty years from the beginning of the calendar year next following the year in which the photograph is published.

            Cinematograph films:-sixty years from the beginning of the calendar year next following the year in which the film is published.

            Records: - sixty years from the beginning of the calendar year next following the year in which the record is published.

            Government works: - sixty years from the beginning of the calendar year next following the year in which the work is first published.

            Broadcast by radio-diffusion by the Government or any other broadcasting authority, a special right to be known as "broadcast reproduction right" shall subsist in such programme.

            Term: twenty-five years from the beginning of the calendar year next following year in which the programme is first broadcast.

            Performer's right: - Term- fifty years from the beginning of the calendar year next following year in which the performance is made.

            Section 52 (Indian Copyright Act, 1957)

            Certain acts not to be infringement of copyright. –

            (1) The following acts shall not constitute an infringement of copyright, namely:

            1. a fair dealing with a literary, dramatic, musical or artistic work [not being a computer programme] for the purposes of-
              1. private use, including research;
              2. criticism or review, whether of that work or of any other work; "
            2. the making of copies or adaptation of a computer programme by the lawful possessor of a copy of such computer programme, from such copy-
              1. in order to utilise the computer programme for the purposes for which it was supplied; or
              2. to make back-up copies purely as a temporary protection against loss, destruction or damage in order only to utilise the computer programme for the purpose for which it was supplied;"
            3. the doing of any act necessary to obtain information essential for operating inter-operability of an independently created computer programme with other programmes by a lawful possessor of a computer programme provided that such information is not otherwise readily available;
            4. the observation, study or test of functioning of the computer programme in order to determine the ideas and principles which underline any elements of the programme while performing such acts necessary for the functions for which the computer programme was supplied;
            5. the making of copies or adaptation of the computer programme from a personally legally obtained copy for non-commercial personal use;
            6. a fair dealing with a literary, dramatic, musical or artistic work for the purpose of reporting current events-
              1. in a newspaper, magazine or similar periodical, or
              2. by [broadcast] or in a cinematograph film or by means of photographs. [Explanation.- The publication of a compilation of addresses or speeches delivered in public is not a fair dealing of such work within the meaning of this clause;]
            7. the reproduction of a literary, dramatic, musical or artistic work for the purpose of a judicial proceeding or for the purpose of a report of a judicial proceeding;
            8. the reproduction or publication of a literary, dramatic, musical or artistic work in any work prepared by the Secretariat of a Legislature or, where the Legislature consists of two Houses, by the Secretariat of either House of the Legislature, exclusively for the use of the members of that Legislature;
            9. the reproduction of any literary, dramatic or musical work in a certified copy made or supplied in accordance with any law for the time being in force;
            10. the reading or recitation in public of any reasonable extract from a published literary or dramatic work;
            11. the publication in a collection, mainly composed of non-copyright matter, bona fide intended for the use of educational institutions, and so described in the title and in any advertisement issued by or on behalf of the publisher, of short passages from published literary or dramatic works, not themselves published for the use of educational institutions, in which copyright subsists : Provided that not more than two such passages from works by the same author are published by the same publisher during any period of five years. Explanation- In the case of a work of joint authorship, references in this clause to passages from works shall include references to passages from works by any one or more of the authors of those passages or by any one or more of those authors in collaboration with any other person;
            12. the reproduction of a literary, dramatic, musical or artistic work-
              1. by a teacher or a pupil in the course of instruction; or
              2. as part of the questions to be answered in an examination; or
              3. in answers to such questions;
            13. the performance, in the course of the activities of an educational institution, of a literary, dramatic or musical work by the staff and students of the institution, or of a cinematograph film or a [sound recordings] if the audience is limited to such staff and students, the parents and guardians of the students and persons directly connected with the activities of the institution [or the communication to such an audience of a cinematograph film or sound recording].
            14. the making of sound recordings in respect of any literary, dramatic or musical work, if-
              1. sound recordings of that work have been made by or with the licence or consent of the owner of the right in the work;
              2. the person making the sound recordings has given a notice of his intention to make the sound recordings, has provided copies of all covers or labels with which the sound recordings are to be sold, and has paid in the prescribed manner to the owner of rights in the work royalties in respect of all such sound recordings to be made by him, at the rate fixed by the Copyright Board in this behalf: Provided that-
                1. no alterations shall be made which have not been made previously by or with the consent of the owner of rights, or which are not reasonably necessary for the adaptation of the work for the purpose of making the sound recordings;
                2. the sound recordings shall not be issued in any form of packaging or with any label which is likely to mislead or confuse the public as to their identity;
                3. no such sound recording shall be made until the expiration of two calendar years after the end of the year in which the first sound recording of the work was made; and
                4. the person making such sound recordings shall allow the owner of rights or his duly authorised agent or representative to inspect all records and books of account relating to such sound recording: Provided further that if on a complaint brought before the Copyright Board to the effect that the owner of rights has not been paid in full for any sound recordings purporting to be made in pursuance of this clause, the Copyright Board is, prima facie, satisfied that the complaint is genuine, it may pass an order ex parte directing the person making the sound recording to cease from making further copies and, after holding such inquiry as it considers necessary, make such further order as it may deem fit, including an order for payment of royalty;
            15. the causing of a recording to be heard in public by utilising it,-
              1. in an enclosed room or hall meant for the common use of residents in any residential premises (not being a hotel or similar commercial establishment) as part of the amenities provided exclusively or mainly for residents therein; or
              2. as part of the activities of a club or similar organisation which is not established or conducted for profit;
              3. as part of the activities of a club, society or other organisation which is not established or conducted for profit;
            16. the performance of a literary, dramatic or musical work by an amateur club or society, if the performance is given to a non-paying audience, or for the benefit of a religious institution;
            17. the reproduction in a newspaper, magazine or other periodical of an article on current economic, political, social or religious topics, unless the author of such article has expressly reserved to himself the right of such reproduction;
            18. the publication in a newspaper, magazine or other periodical of a report of a lecture delivered in public;
            19. the making of not more than three copies of a book (including a pamphlet, sheet of music, map, chart or plan) by or under the direction of the person in charge of a public library for the use of the library if such book is not available for sale in India;
            20. the reproduction, for the purpose of research or private study or with a view to publication, of an unpublished literary, dramatic or musical work kept in a library, museum or other institution to which the public has access : Provided that where the identity of the author of any such work or, in the case of a work of joint authorship, of any of the authors is known to the library, museum or other institution, as the case may be, the provisions of this clause shall apply only if such reproduction is made at a time more than sixty years from the date of the death of the author or, in the case of a work of joint authorship, from the death of the author whose identity is known or, if the identity of more authors than one is known from the death of such of those authors who dies last;
            21. the reproduction or publication of-
              1. any matter which has been published in any Official Gazette except an Act of a Legislature;
              2. any Act of a Legislature subject to the condition that such Act is reproduced or published together with any commentary thereon or any other original matter;
              3. the report of any committee, commission, council, board or other like body appointed by the Government if such report has been laid on the Table of the Legislature, unless the reproduction or publication of such report is prohibited by the Government;
              4. any judgement or order of a court, tribunal or other judicial authority, unless the reproduction or publication of such judgment or order is prohibited by the court, the tribunal or other judicial authority, as the case may be;
            22. the production or publication of a translation in any Indian language of an Act of a Legislature and of any rules or orders made thereunder-
              1. if no translation of such Act or rules or orders in that language has previously been produced or published by the Government; or
              2. where a translation of such Act or rules or orders in that language has been produced or published by the Government, if the translation is not available for sale to the public: Provided that such translation contains a statement at a prominent place to the effect that the translation has not been authorised or accepted as authentic by the Government;
            23. the making or publishing of a painting, drawing, engraving or photograph of a work of architecture or the display of a work of architecture;
            24. the making or publishing of a painting, drawing, engraving or photograph of a sculpture, or other artistic work failing under sub-clause (iii) of clause (c) of section 2, if such work is permanently situate in a public place or any premises to which the public has access;
            25. the inclusion in a cinematograph film of-
              1. any artistic work permanently situate in a public place or any premises to which the public has access; or
              2. any other artistic work, if such inclusion is only by way of background or is otherwise incidental to the principal matters represented in the film;
            26. the use by the author of an artistic work, where the author of such work is not the owner of the copyright therein, of any mould, cast, sketch, plan, model or study made by him for the purpose of the work : Provided that he does not thereby repeat or imitate the main design of the work;
            27. the reconstruction of a building or structure in accordance with the architectural drawings or plans by reference to which the building or structure was originally constructed : Provided that the original construction was made with the consent or licence of the owner of the copyright in such drawings and plans;
            28. in relation to a literary, dramatic or musical work recorded or reproduced in any cinematograph film the exhibition of such film after the expiration of the term of copyright therein : Provided that the provisions of sub-clause (ii) of clause (a), sub-clause (a) of clause (b) and clauses (d), (f), (g), (m) and (p) shall not apply as respects any act unless that act is accompanied by an acknowledgment-
              1. identifying the work by its title or other description; and
              2. unless the work is anonymous or the author of the work has previously agreed or required that no acknowledgement of his name should be made, also identifying the author.
            29. the making of an ephemeral recording, by a broadcasting organisation using its own facilities for its own broadcast by a broadcasting organisation of a work which it has the right to broadcast; and the retention of such recording for archival purposes on the ground of its exceptional documentary character;
            30. the performance of a literary, dramatic or musical work or the communication to the public of such work or of a sound recording in the course of any bona fide religious ceremony or an official ceremony held by the Central Government or the State Government or any local authority. Explanation- For the purpose of this clause, religious ceremony including a marriage procession and other social festivities associated with a marriage. (2) The provisions of sub-section (1) shall apply to the doing of any act in relation to the translation of a literary, dramatic or musical work or the adaptation of a literary, dramatic, musical or artistic work as they apply in relation to the work itself.

            Creative Commons (CC): The Licenses

            img2

            Attribution CC BY

            This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered. Recommended for maximum dissemination and use of licensed materials

            img3

            Attribution-ShareAlike CC BY-SA

            This license lets others remix, tweak, and build upon your work even for commercial purposes, as long as they credit you and license their new creations under the identical terms. This license is often compared to “copyleft” free and open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use. This is the license used by Wikipedia, and is recommended for materials that would benefit from incorporating content from Wikipedia and similarly licensed projects.

            img3

            Attribution-NoDerivs CC BY-ND

            This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.

            img4

            Attribution-NonCommercial CC BY-NC

            This licenselets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.

            img5

            Attribution-NonCommercial-ShareAlike CC BY-NC-SA

            This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms.

            img1

            Attribution-NonCommercial-NoDerivs CC BY-NC-ND

            This license is the most restrictive of our six main licenses, only allowing others to download your works and share them with others as long as they credit you, but they can’t change them in any way or use them commercially.

            Attribution-NonCommercial-NoDerivs CC BY-NC-ND

            4. General Use of the Service—Permissions and Restrictions YouTube hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:

            1. You agree not to distribute in any medium any part of the Service or the Content without YouTube's prior written authorization, unless YouTube makes available the means for such distribution through functionality offered by the Service (such as the Embeddable Player).
            2. You agree not to alter or modify any part of the Service.
            3. 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.
            4. You agree not to use the Service for any of the following commercial uses unless you obtain YouTube's prior written approval:
              • the sale of access to the Service;
              • the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
              • the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from YouTube appears on the same page and is of sufficient value to be the basis for such sales.
            5. Prohibited commercial uses do not include:
              • uploading an original video to YouTube, or maintaining an original channel on YouTube, to promote your business or artistic enterprise;
              • showing YouTube videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
              • any use that YouTube expressly authorizes in writing. (For more information about what constitutes a prohibited commercial use, see our FAQ.)
            6. If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the YouTube website.
            7. If you use the YouTube Uploader, you agree that it may automatically download and install updates from time to time from YouTube. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit YouTube to deliver these to you) as part of your use of the Uploader.
            8. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the YouTube servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, YouTube grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. YouTube reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
            9. In your use of the Service, you will comply with all applicable laws.
            10. YouTube reserves the right to discontinue any aspect of the Service at any time.