NNSquad - Network Neutrality Squad
[ NNSquad ] The real YouTube pirates: Firms that claim public domain footage as their own!
The real YouTube pirates: Firms that claim public domain footage as their own!
http://j.mp/vLcZqE (Guardian)
"Malamud's 146-page report from FedFlix to the Archivist of the United
States documents claims that companies such as NBC Universal,
al-Jazeera, and Discovery Communications have used ContentID to claim
title to FedFlix videos on YouTube. Some music royalty collecting
societies have claimed infringements in "silent movies".
...
YouTube offers very little help for FedFlix. ContentID's dispute
resolution mechanism allows FedFlix to contest these claims under only
three circumstances: first, ContentID has generated a false match
(that is, the video isn't what ContentID thinks it is); second, the
uploader has the right to the file, as demonstrated by written
permission from its proprietor; or third, the use is acceptable under
the US doctrine of fair use, or its counterpart in other laws, fair
dealing. But FedFlix can't contest on any of these bases. ContentID
isn't mistaken - the files are exactly what ContentID thinks they are.
But no rights holder can send a written permission notice to YouTube
about these files, because they have no rights holders - they are in
the public domain. The posting of these files isn't "fair use". Fair
use is a copyright infringement that is lawful because it serves some
allowed purpose. FedFlix's posting of public domain files is not a
copyright violation, so they can't be fair use. Malamud's report
documents these troubles in Kafkaesque detail."
- - -
I've heard from persons who shot their own videos in their own houses,
using ancient classical music they performed on their own instruments,
who have gotten multiple Content ID hits and strikes. When they
attempt to contest, the false "rights holders" simply takedown
again. Most of these people don't have the resources to hire
lawyers to go further, and escalating such issues with Google
is an exercise in frustration for most of them. On the other
hand, Google is between a rock and a hard place on this. The amount
of new video flowing into YouTube each day is vast, and only automated
systems can deal with them effectively. YouTube's Content ID has
been an honest attempt to hold back far more draconian content control
schemes (such as SOPA/PIPA) which would do even more damage.
Note that I'm not even talking here about arguments over "fair use" --
right now we're discussing materials that are public domain or owned
wholly by the uploaders.
I have my own ideas on how to deal with this unbalanced situation,
but in the current SOPA/PIPA environment aimed at giving even
*more* power to the entities that abuse Content ID, et al.,
it hardly even seems worthwhile to discuss my concepts
regarding this now.
--Lauren--
Lauren Weinstein (lauren@vortex.com): http://www.vortex.com/lauren
Co-Founder: People For Internet Responsibility: http://www.pfir.org
Founder:
- Network Neutrality Squad: http://www.nnsquad.org
- Global Coalition for Transparent Internet Performance: http://www.gctip.org
- PRIVACY Forum: http://www.vortex.com
Member: ACM Committee on Computers and Public Policy
Blog: http://lauren.vortex.com
Google+: http://vortex.com/g+lauren
Twitter: https://twitter.com/laurenweinstein
Tel: +1 (818) 225-2800 / Skype: vortex.com
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