I have recently been sent a cease and desist letter from a law firm representing a celebrity. I created a fan app, and I am currently looking into each of the pieces that make up my app (news, videos, pictures, tweets, events, etc). Anywho I don't want to discuss anything but the videos.
So I am pulling in videos using the youtube api. For the sake of this topic let's call this celebrity John Doe. I am telling youtube to return videos related to John Doe. Assuming none of the other parts of my application infringe on anything, can the lawyer force me to turn over all my profit for the app? I didn't upload their content, I'm just using youtube's api and monetizing off the app, just how youtube has advised.
This is from youtube's terms:
You can also charge customers for using your application. However, please note that you cannot levy fees specifically for the ability to watch a video, upload a video or access any other API functionality.
For example, you could write an iPhone application that uses the YouTube API and then sell that application on the iPhone app store. You could also sell a subscription for a service that repackages content available through the API, such as a service that looks at your friends activities on YouTube and highlights your shared interests.
Thank you!
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