Google/Youtube's Non-Existent Fair Use Policy
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Last weekend, I uploaded a video to Youtube, as part of a discussion I had been having regarding cat attacks in popular culture.
This excerpt is the cat attack scene from 20th Century Fox's "The Legend of Hell House". Youtube's systems identified this as 3rd-party content, and disabled the video.
I underwent the dispute process, identifying my use of this content as Fair Use under 17 USC. The video became re-enabled, and I was able to continue with my discussion, referring to this scene in the collection of content I was referencing for my scholarly discussion.
Today, I just checked, and the video is again disabled, despite the lawful Fair Use of the content. The copyright notice on the video can be seen here:
http://www.youtube.com/copynotice?video_id=I3o5_cDSKM4
But in a nutshell, they say: "All content owners have reviewed your video and confirmed their claims to some or all of its content".
Nobody ever disputed Fox's copyright on the content. The issue is that Youtube (apparently) requires Fox's consent to use content -- even when the content is used under 17 USC's Fair Use provisions.
Please note that 17 USC does not require the copyright owner's consent for Fair Use. I also haven't seen a DMCA complaint, so this isn't a DMCA matter, but a Youtube-doesn't-allow-Fair-Use matter.
In a nutshell: Youtube (and Google) are Wrong, Wrong, Wrong.
And as a Google shareholder, I have to wonder how many other people Google/Youtube has been wrong about in this manner.
Youtube: You are Wrong. Your Fair Use policy is seriously flawed. Please fix it.
And if there is a DMCA complaint regarding this content, I need to see that, too, so that I can respond to it, potentially following up with California anti-SLAP action for any potential flawsuit served-up by Fox.
To save time in the event of an (unseen so far) DMCA complaint, I relate the following:
1) The URL for the content is at http://www.youtube.com/watch?v=I3o5_cDSKM4
2) I consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and I will accept service of process from the person who provided any supposed notification under subsection (c)(1)(C) or an agent of such person.
3) I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake, to wit: The material was used under 17 USC Copyright Law's "Fair Use" provision, which DOES NOT REQUIRE THE CONSENT OF THE COPYRIGHT OWNER.
4) This notice -- which isn't even required at this stage -- is being sent to copyright@youtube.com
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This excerpt is the cat attack scene from 20th Century Fox's "The Legend of Hell House". Youtube's systems identified this as 3rd-party content, and disabled the video.
I underwent the dispute process, identifying my use of this content as Fair Use under 17 USC. The video became re-enabled, and I was able to continue with my discussion, referring to this scene in the collection of content I was referencing for my scholarly discussion.
Today, I just checked, and the video is again disabled, despite the lawful Fair Use of the content. The copyright notice on the video can be seen here:
http://www.youtube.com/copynotice?video_id=I3o5_cDSKM4
But in a nutshell, they say: "All content owners have reviewed your video and confirmed their claims to some or all of its content".
Nobody ever disputed Fox's copyright on the content. The issue is that Youtube (apparently) requires Fox's consent to use content -- even when the content is used under 17 USC's Fair Use provisions.
Please note that 17 USC does not require the copyright owner's consent for Fair Use. I also haven't seen a DMCA complaint, so this isn't a DMCA matter, but a Youtube-doesn't-allow-Fair-Use matter.
In a nutshell: Youtube (and Google) are Wrong, Wrong, Wrong.
And as a Google shareholder, I have to wonder how many other people Google/Youtube has been wrong about in this manner.
Youtube: You are Wrong. Your Fair Use policy is seriously flawed. Please fix it.
And if there is a DMCA complaint regarding this content, I need to see that, too, so that I can respond to it, potentially following up with California anti-SLAP action for any potential flawsuit served-up by Fox.
To save time in the event of an (unseen so far) DMCA complaint, I relate the following:
1) The URL for the content is at http://www.youtube.com/watch?v=I3o5_cDSKM4
2) I consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, and I will accept service of process from the person who provided any supposed notification under subsection (c)(1)(C) or an agent of such person.
3) I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake, to wit: The material was used under 17 USC Copyright Law's "Fair Use" provision, which DOES NOT REQUIRE THE CONSENT OF THE COPYRIGHT OWNER.
4) This notice -- which isn't even required at this stage -- is being sent to copyright@youtube.com
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It's what happens when an organization goes from being an honest company to making an IPO. They have deals for content from the majors now, so they essentially agree to block any third party use of content controlled by corporations with whom they have deals. It's a private network so they can do whatever the fuck they want and you don't really have much recourse.
My advice is look for a smaller competitor to YouTube, post there and continue your discussion. It will only last until that site becomes popular enough to be scarfed up by the corporate maw that consumes all value - but hey, that's life in America.
September 16, 2009 3:05 PM | Reply | Permalink