My take? It's not.
- Assume a given site lets you embed videos that have been uploaded to their site.
- If the video is copyrighted, the person who uploaded it must have the owner's permission.
- That would mean he knows people can embed the video and thinks it's okay.
- If he doesn't have permission, HE is the one doing something wrong. Not you.
- If and when he gets caught, they'll take down the video and your embed will die.
So as long as the video is up on their site and available for you to embed, to the best of your ability to determine, the uploader has the permission of the copyright owner to post the video on the site that lets you embed their videos. If this turns out to be wrong, you're not a criminal, you're a second-generation victim. You're a victim of the video site's false representation that you could legally embed that video. That site, in turn, is a victim of the uploader's false representation that he had the right to distribute it.
In any case, the fault lies with the uploader. Not you. Unless, of course, you ARE the uploader.
And I'm not a lawyer, so your mileage may vary.
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