There is no doubt that you tube and its users are constantly reproducing, publicly performing and publicly displaying other’s copyrighted works. But to what extent those activities can be considered infringement? And even if there is infringement, to what extent it is damaging the copyright holders business?
The DMCA provides a safe harbor for the OSP’s against a copyright infringement claim as long as they comply with its requirements which basically are: not have actual knowledge of infringement and, once receiving a notice of infringement, remove the infringing material and not receive financial benefit from the infringing activity. You tube has a well known policy of receiving complaints from copyright holders and removing the infringing material from the internet. Whether it is efficient or not is controversial, but the fact is that You Tube removes the infringing content when it receives a notification from the copyright holder.But let’s say that You Tube’s policy of removing infringing content is not enough to comply with the DMCA provisions and therefore there is infringement. Is it really bad for copyright holders considering that it can be a good marketing channel for artists, TV shows and movies? Maybe, the copyright holders should try to face You Tube as a potential business partner instead of a threat, or maybe as the VCR of the digital era.
Sunday, January 27, 2008
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