Articles

This section contains various articles I have written about copyright, fair use, and user-generated video. Most of these originally come from my personal blog: http://prelator.wordpress.com

YouTube Copyfraud & Abuse of the Content ID System

  • PDF
  • Print
  • E-mail

Update October 4, 2012: YouTube has revised the Content ID dispute process to address many of the concerns expressed in this article. Specifically they have added a new appeals process which users can use after a Content ID claim has been reinstated by the claimant. This then forces the copyright claimant to either release the Content ID claim or file a DMCA takedown notice, and the user can then file a counter-notice in response. In short, YouTube has implemented at least one of the reforms I called for at the end of this article, so much of what is written below is now out-of-date. I am leaving this page in place to serve as a reference documenting the former problems with the Content ID system, and because it has yet to be seen if the recent changes will be enough to truly resolve the problem of Content ID copyfraud on YouTube. To read my more detailed response to the recent Content ID reforms, see my blog post on the subject here.  

Ever since YouTube first introduced its automated "Content ID" copyright filtering system, the potential has existed for tremendous abuse. Over the last couple years, evidence has been mounting that YouTube's Content ID system is in fact being systematically used to falsely claim and monetize videos the claimant has no right to, and to block videos with no recourse for the user, even if they are likely fair use.

Last Updated on Friday, 19 October 2012 11:45

 

Open Letter to YouTube Regarding Content ID

  • PDF
  • Print
  • E-mail

Dear YouTube,

Over the last few months, I have become increasingly aware of a fatal flaw in YouTube’s copyright enforcement regime, which frequently leaves non-infringing videos blocked for supposed copyright reasons with literally no recourse for the user and no way to dispute the copyright block.

Contrary to YouTube's stated policy of requiring copyright owners to escalate to a DMCA notice to get a video removed after the user files a Content ID dispute, YouTube is now allowing copyright owners to "confirm" their claim against your video, after which the video is permanently blocked with no recourse to either a Content ID dispute or a DMCA counter notice. Instead, the "view copyright info" page will simply give a message saying, "All content owners have reviewed your video and confirmed their claims to some or all of its content."

Last Updated on Thursday, 19 July 2012 13:57

 

Falling Through the Cracks in YouTube's Copyright System

  • PDF
  • Print
  • E-mail

Over the last few months, I have become increasingly aware of a fatal flaw in YouTube’s copyright enforcement regime, which frequently leaves non-infringing videos blocked for supposed copyright reasons with literally no recourse for the user and no way to dispute the copyright block.

Last Updated on Thursday, 08 September 2011 15:40

 
  • PDF
  • Print
  • E-mail

Earlier this summer, I made the winning video for Public Knowledge’s video contest to create a response to YouTube’s “Copyright School” video, which made only a token mention of the crucial exception in copyright law for “fair use” and portrayed fair use as being too complicated for ordinary YouTube users to understand. Public Knowledge challenged the online video community to create a video presenting a more balanced view of fair use, and my video, “Fair Use School: The Rest of the Copyright Story,” ended up winning that contest and even received a bit of news coverage, such as in this TechDirt article.

Last Updated on Thursday, 08 September 2011 15:30

 

New Copyright Rules Allow DRM Circumvention for Remix Videos

  • PDF
  • Print
  • E-mail

Well this is some of the best news I have heard in a long time! As described in this press release by the Electronic Frontier Foundation, the Librarian of Congress just issued his new list of approved exceptions to the anti-circumvention provision of the Digital Millennium Copyright Act (DMCA), which prohibits circumventing any type of digital copy protection even if the intended use is otherwise authorized by copyright law. 

Last Updated on Thursday, 08 September 2011 15:55

 

Warning: Illegal string offset 'active' in /home1/pamckay/public_html/templates/jsn_epic_free/html/pagination.php on line 94

Warning: Illegal string offset 'active' in /home1/pamckay/public_html/templates/jsn_epic_free/html/pagination.php on line 100

Warning: Illegal string offset 'active' in /home1/pamckay/public_html/templates/jsn_epic_free/html/pagination.php on line 94

Warning: Illegal string offset 'active' in /home1/pamckay/public_html/templates/jsn_epic_free/html/pagination.php on line 100

Warning: Illegal string offset 'active' in /home1/pamckay/public_html/templates/jsn_epic_free/html/pagination.php on line 94

Warning: Illegal string offset 'active' in /home1/pamckay/public_html/templates/jsn_epic_free/html/pagination.php on line 100

Page 2 of 3