Det er youtube, ikke norges lover, som tilbyr denne funksjonen.
En kan selvsagt avtale seg bort fra sine opphavsrettigheter. Det er dette som skjer i praksis ved å laste opp videoer på youtube. Etter åndsverkloven er det bare ideelle opphavsrettigheter man ikke kan fraskrive seg, og dette er:
1. Krav på å bli navngitt.
2. Krav på at verket ikke blir gjengitt på en krenkende måte.
De andre rettighetene, som videredistribusjon etc. kan man fritt avtale seg bort fra.
Om du laster opp på tubern, så godtar du at videoen brukes slik youtube tilbyr, bl.a. ved "embedded player" på andre websteder. Du fraskriver deg disse rettighetene midlertidig.
For ordens skyld har jeg merket av de relevante punkter i Youtube sine vilkår, jfr. nedenfor.
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:
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).
6. Your Content and Conduct
As a YouTube account holder you may submit Content to the Service, including videos and user comments. You understand that YouTube does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit;
and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to YouTube, you hereby grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and YouTube's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that YouTube may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant YouTube all of the license rights granted herein.
You further agree that you will not submit to the Service any Content or other material that is contrary to the YouTube Community Guidelines, currently found at
YouTube - Broadcast Yourself., which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
YouTube does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and YouTube expressly disclaims any and all liability in connection with Content. YouTube does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and YouTube will remove all Content if properly notified that such Content infringes on another's intellectual property rights. YouTube reserves the right to remove Content without prior notice.