Concise notes on Fair Use in YouTube
The following text is from a bigger set of posts at Henry Jenkin’s blog titled Locating Fair Use in the Space Between Fandom and the Art World:
When YouTube Product Manager David King announced the beta release of “content identification” tools on the Google blog in 2007, he reminded readers that submitting copyright infringement claims would remain as easy as “the click of a mouse.” In the intervening year, the contributions of thousands upon thousands of users have been disabled on behalf of just a few industry stakeholders. When it comes to the application of the Digital Millenium Copyright Act, a process that impacts citizens’ ability to own and author their media environment, how easy is too easy?
Fanvidders were among the first communities to respond to YouTube’s commitment to go “above and beyond” its legal obligations to copyright claimants. Faced with videos silenced and disabled for their transformative use of popular music, vidders like zcatz recorded glum farewell notes for their subscribers and set sail for friendlier sites like imeem and Vimeo.
Numerous other creative communities relying on YouTube’s video sharing service have faced a similar decision: should they weather the uncertainty of life at YouTube or retreat to a niche service in the hope that there is security in (relative) obscurity.
Pauliewanna demonstrating “Limelight” by Rush
Unlike the vidders, the Living Room Rock Gods (LRRG) have stuck with YouTube and channeled their frustration into the loose-knit resistance movement Tribute is not Theft. LRRG members like Pauliewanna recorded impassioned video blogs addressing the recording artists they idolize. They stress the role of learning and respect for intellectual property that pervades their community, confounding the stereotype of anti-copyright radicals flaunting the law.
Paulie, the drummer featured above speaks directly to Rush’s Neil Peart,
“We’re just trying to do what we love. [To] listen to your music, play it, share it with others, show them how it’s done, see how they do it, compare notes. [...] Our primary reason is to share with other drummers. We just want you [...] to know that this is happening.”
The Rock Gods’ experience reveals an imbalance in YouTube’s community support. While a handful of major stakeholders are provided special tools to automate identification and facilitate the pursuit of copyright infringement claims, the remaining majority of YouTube users are left confused and frustrated.
Kutiman - 01 - Mother of All Funk Chords
The diversity of material presented by YouTube’s users presents a thrilling challenge to conventional understandings of ownership, authorship, and originality. Unfortunately, YouTube’s existing architecture leaves little room for human intellect to confront and interrogate these delicious details. When I filed a counter-claim for one of my own disabled videos, I learned that YouTube no longer evaluates the accuracy of copyright claims made by its Content ID system:
“[S]ince the identification of the claimed content was automated, we are unable to accept your counter-notification at this time.”
In other words, YouTube’s current policy denies my opportunity to file a counter-claim (as described in S.512(g)(3) of the DMCA) and privileges the judgement of software over that of a human observer.
YouTube is wise to be proactive in defense of copyright. Antagonizing extent media industries does little to resolve persistent tensions in digital culture. But if its effort to please the handful of major stakeholders fails to consider the fair use rights of informal media practitioners, YouTube will sacrifice the vibrant creative communities that made it worth visiting in the first place.
Tags: copyright, fairuse, freeculture, video, youtomb, youtube
March 20th, 2009 at 18:25:46 (PDT -04:00)
youtube bitch!
http://www.youtube.com/watch?v=OhnAQJkIF0U