YouTube’s Looming Fair Use Battle

May 5, 2006 at 1:52 pm - by Dale Dietrich

Categories: Big Media v Internet • Fair Use/Dealing • iVOD/iTV • New Business Models

In this interesting Engadget article, YouTube's fair use defenses are discussed in the context of an inevitable big media law suit alleging use of video clips infringes their copyrights. YouTube has been very conscientious about establishing copyright policies and removing infringing videos in their entirety, as required by the DMCA. For example YouTube quickly removed the Natalie Portman SNL video when NBC demanded this. But, the more interesting challenge will be when YouTube asserts that use of short video clips/snippets from big media sourced video (eg: a disputed penalty in a sporting event, the Janet Jackson wardrobe malfunction, a snippet from a David Letterman interview or top 10 list, etc.) is fair use under copyright law for educational, parody, commentary and/or criticism purposes. Assuming YouTube's current million-dollar-a-month burn rate doesn't take them down first, every fiber of my body tells me they are in for a fair use fight with broadcasters, organized sports and/or the MPAA at some point down the line.