Like most legal issues, this is a far more complicated question than people generally realize.
Below are links to a two-part article that attorney Larry Walters wrote for XBIZ that covers a lot of the legal issues pertaining to user-submitted content sites like tube sites.
User Generated Content Sites, Part 1
User Generated Content Sites, Part 2
If you are considering launching/operating such a site, then you should really discuss these issues directly and at length with an attorney. Detailed as it is, even Larry's article doesn't cover
everything, and since each webmaster operates his/her sites and businesses a little differently, you need to speak to an attorney directly to make sure that you are getting advice that is tailored to your own situation and business plan.
- Q.