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Can video media monitoring tools become a problem for free speech? If fully automated like YouTube’s ContentID system, the answer appears to be yes.
Adding new subtitles to videos has become a popular form of satire. Perhaps you’ve seen Bruno Ganz portraying Hitler in the movie “Der Untergang”? In the original he’s going bananas realizing that he’s about to loose WWII. With new subtitles however, he’s lamenting everything from the state of Twitter to the shortcomings of the iPad. But now Constantin Film AG, the owner of the movie rights, has had enough of Hitler jokes.
Via YouTube’s contentID system it has uploaded the clip’s audio and footage, instructing identical clips to be removed. Specifically, the YouTube media monitoring tool compares Constantin’s movies with new uploads, deleting all un-authorized videos. ContentID and “take downs” is nothing new of course, one of the exclusive rights afforded copyright owners is after-all the privilege of controlling distribution.
Still, there’s no rule without exception and in copyright it’s called the “fair-use doctrine”. Fair use recognizes that a system allowing for sharing and referencing of ideas stimulates public discourse and benefits society as a whole. Paraphrasing and quoting of literary works has long been acceptable as a matter of public policy because it assures authors the right to their original expression while encouraging others to build freely upon the ideas and information conveyed by a work.
Accordingly, for purposes of criticism, commentary, news reporting, teaching and research, copyrighted material may be used without infringing on copyrights. But YouTube’s ContentID and media monitoring tool doesn’t distinguish between use and fair use. Needless to say, that quickly becomes an issue for “free speech” which from the perspective of public policy is more important than making sure individual privileges are upheld by intellectual property laws…
Interested in finding the latest new on IP law and fair use? Find out with Imooty’s media monitoring tool! Free speech guaranteed!
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