CCIA Concerned Over YouTube Content Identification Tool

File Under: News, 2007, Copyright

Oct 16, 2007

Background: Google Inc. today announced on its policy blog that it would begin examining video clips uploaded to the YouTube video service for copyright infringement following intense pressure to do so by copyright holders.  Among other things, the company will compare key components of videos uploaded to the system by third parties to copyrighted content submitted by content owners.  

In case of a match, YouTube is expected to block video clips that appear to infringe.  A dispute resolution process would likely follow, one which may in some cases allow a reposting.   However, the details of the process and operations by which YouTube, the uploader, and the content copyright claimant will interact have not been fully revealed.

The following statement should be attributed to Computer & Communications Industry Association President & CEO Ed Black:

“This service goes above and beyond what companies such as YouTube are legally required to do. This service could harm the dynamic and democratic flow of information on the Internet if implemented without due regard for the interests of consumers and other authors and artists.

“Today’s announcement by YouTube is a sign of the times,” Black said. “Despite numerous good faith efforts by YouTube, content owners have pressed for still more concessions. As a result of this new policy, Internet users who post video clips to YouTube will now have their submissions subject to the views of content oligopolies that have consistently stretched the limits of copyright beyond what the law actually says. We urge all involved to make every effort to see that the implementation of this review process will build in features that minimize the anti-consumer and anti-Fair Use risks inherent in such a system. Because of Google’s positive track record in seeking to be pro-consumer, we are hopeful and expect that they will do so.

“Although the vast majority of clips on YouTube appear to violate no copyright law, we presume some infringement will be caught.  Nonetheless, we fear for clearly lawful uses.  Imagine for a moment that a citizen journalist wants to review a newly released movie or DVD or comment on the many interceptions in one of last week’s NFL games –using, as nearly all such reviewers would, clips from that motion picture or game.  

"Will such obviously lawful and legitimate reviews see the light of day, or will big content companies quash them in violation of Fair Use principles?

"Will the largest content companies protect their own reviewers on broadcast, cable, radio and publishing? If big content does allow some reviews, which ones will be given the green light? The favorable ones? Those that give the spin the marketing department wants to see?  Those that avoid adding relevant commentary about player misdeeds, drug use, etc.? And what of political content? Will copyright holders use these procedures to suppress speech of which they disapprove?
“We should be very clear: We neither condone nor promote copyright infringement.   But we also do not support unreasonable burdens on the rights of citizens to exercise their free speech related rights.  We appreciate that YouTube is in the middle of litigation with one of the world’s biggest content companies and is feeling continued pressure to concede still more. We will thus monitor this latest service closely.  

“Various refinements and approaches could help curb wanton infringement while providing pro-consumer education and limiting adverse effects on Internet dynamism.  We hope Google will use its creativity to find the correct balance.

As shown by our recent study, Fair Use in the U.S. Economy, (http://www.ccianet.org/artmanager/uploads/1/FairUseStudy-Sep12.pdf) the economic benefits from fair use and other limitations on copyright are as important as those derived directly from copyright. Fair Use and the rights held by content producers live in a symbiotic relationship.  The technology industry, copyright holders and consumers all need balance. We hope that the content companies do not misuse this latest offering.”