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YouTube Faces Heightened Copyright Scrutiny Since Google Buyout Announcement

October 30, 2006 at 9:42 pm - by Dale Dietrich

Categories: Big Media v Internet • BigMedia v NewTech • DMCA-like Laws • Fair Use/Dealing • iVOD/iTV • New Business Models

As you can see from the "Related Posts" links, below I have blogged about YouTube's copyright liability in the past. It seems like the deep-pockets behind YouTube's new parent, Google, have brought out the copyright infringement vultures, and those that wish to speculate on the future (or demise) of YouTube specifically and copyright infringement on the Internet generally. The stories linked-to below are only a few of the avalanche of stories and blog posts on this topic over the last week.

Faced with an increased level of DMCA take-down notices, YouTube is busily working on taking down 10's of thousands of copyrighted works as requested by media owners. It's a difficult chore. Some 60,000 new videos are posted on YouTube every day. Offending materials are often put back up as soon as they are taken down.

YouTube says it will take a tough action to avoid such problems in the future and has committed to developing and deploying technology that can sniff out copyrighted video clips and bits of music. YouTube will also provide "copyright owners with user identification information" of users that post infringing content – after receiving a valid subpoena (See this CNet article).

While there may be some bumps and no doubt many legal hurdles and lawsuits along the way, if I were a betting man, I'd bet that YouTube will survive all legal challenges in-tact. This is a new and emerging area of the law. The DMCA provides the s. 512(c) safe harbour for this (the take-down scheme). YouTube is complying with its take-down obligations under the DMCA and similar laws around the globe.

More interestingly, YouTube's 10 minute video clip limit can dovetail with the self-interest of Big Media – those most likely to sue, and have the resources need to sue, Google. After initially fighting with YouTube over the posting of this Natalie Portman skit on Saturday Night Live, in the face of a furor from Internet bloggers, NBC backed-off, and allowed the post to remain on YouTube for awhile. NBC discovered that YouTube was a terrific way to promote its show as new and hip to a coveted younger demographic. Ahhhhhhhhh —- self interest (with strong lobbyists) … wins every time!

Sources: New York Times | ABC News | BBC | Forrester | PVRWire | Information Week | Fox News | ars technica | Mark Cuban 1 | Mark Cuban 2 | Mark Cuban 3 | Register | Variety | Forbes (AP) | CNet 1 | CNet 2 | Slate

Cranky Geeks Videocast on Topic (Episode 31) John C. Dvorak, Sebastian Rupley, West Coast Editor, PC Magazine, Matt Mullenweg, Founder, WordPress.org, Gary Messiana, CEO, Netli, Inc.

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  • Hyloka

    Have to differ with your conclusion about Youtube remaining unscathed in a battle over the DMCA. As you point out, this is an area of law that is not fully fleshed out and the safe harbor does not apply where the service receives “a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity” Clearly Youtube can control the activity by removing posted files and arguably receives finantial benefit from the ads that are directly connected with the infringing content. YouTube’s own actions seem to indicate that it feels that it may have some liability here, otherwise why enter into any agreement with any content owners if you can just take down the material when it ends up on your site and rely on the DMCA.