YouTubes Content Detection Software is a little sloppy

Published Tuesday, February 3, 2009 5:23 PM

I was reading this article about this girl that had her video removed from Warner Brothers because she was singing and playing "Winter Wonderland" which is still under copyright by Warner Bros. Apparently the content detection software that Youtube gives to companies to have their content removed can't tell the difference between copyright enfringment and Fair Use. So this is what Section 107 says about Fair Use. 

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

  1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;

  2. the nature of the copyrighted work;

  3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

  4. the effect of the use upon the potential market for or value of the copyrighted work. also says: The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

 Electronic Frontier Foundation is prepared to sue Warner Brothers over the content that they had removed that was arguably Fair Use. The EFF is calling everyone that has had content removed by Warner to contact them to see if they can help. They want to protect the rights of Fair Use and take the cases of people who have videos that are well within Fair Use.

 I think that this is very important because if all the production companies just deleted everything that could be considered copyright infringement or Fair Use then there wouldn't be anything on YouTube at all. I mean you can't sing happy birthday without a copyright enfringement. Companies need to find out how to make money off these videos rather than just delete them. What if the company that held the copyright could put a ad on your video if you used something they held in copyright. Then they would be making on something that someone else made. Win win in my book.


 The original story (link)

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