User-Generated Video Content At Risk Of Private Censorship

from the as-the-copyright-cartel-turns dept

Wed, Jan 2nd 2008 9:09pm — Mike Masnick

Someone from the CenterforSocialMedia writes in to let us know about a new report from American University professors Pat Aufderheide and Peter Jaszi. "It finds that many online videos creatively use copyrighted materials in ways that are eligible for fair use consideration under copyright law. But even though they are potentially using copyrighted material legally, these uses -- an exercise of freedom-of-speech rights -- are currently threatened by anti-piracy measures online." This won't come as a surprise to many around here, of course, but it's yet another report backing up what's been well known for a while. The push by Big Content companies to claim that copyright allows them to do things well beyond the scope of the law already is creating (and will continue to create) chilling effects on perfectly legitimate and important areas of content creation.

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Filed Under: copyright, fair use, research

6 Comments

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Tin Ear, 2 Jan 2008 @ 10:46pm

Oh, come ON!
Does this mean that if I post to my YouTube account and have a song playing in the background, I'm going to have to post a picture of the CD case and the receipt proving I paid for it? I'm willing to bet that they would try to press this issue even with Bach or Handel playing in the background... Jeez!
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- Anonymous Coward, 2 Jan 2008 @ 10:57pm
  
  Re: Oh, come ON!
  Does this mean that if I post to my YouTube account and have a song playing in the background, I'm going to have to post a picture of the CD case and the receipt proving I paid for it?
  
  That wouldn't help. They claim that buying a CD gives you no right to use it that manner anyway.
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zcat, 3 Jan 2008 @ 1:21am

Handel or Bach?
Don't think that using music which is out of copyright is going to be enough either.. if that music wasn't recorded on 78's or wax cylinders, it's probably recent enough that someone still owns the performance rights.
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- Fuse5k, 3 Jan 2008 @ 4:47am
  
  Re: Handel or Bach?
  Of course they would have to prove that it was their performance of the works, which may prove a bit more difficult, however i doubt that would stop them sending a DCMA takedown notice anyway!!!
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  - Alfred E. Neuman, 3 Jan 2008 @ 5:14am
    
    Re: Re: Handel or Bach?
    You could play the Handel / Bach yourself and mix that in.
    What haqppens if I program a computer to read and play the Handel / Bach?
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    - Tim Perry, 3 Jan 2008 @ 6:35pm
      
      Re: Re: Re: Handel or Bach?
      That exists, it's called MIDI.
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