The YouTube/Hollywood Copyright Battle

A new ruling came down this week allowing the Google owned YouTube to continue its practice of removing copyrighted content upon receiving notification by the dissatisfied copyright holder. Viacom, the plaintiff in this case, along with many in the Hollywood community seem to be upset by this ruling. However, this ruling follows to the letter the Digital Millenium Copyright Act (DMCA) of which Hollywood was so fond.

Technically speaking, those who create content own the copyright. Therefore, everything on YouTube is potentially copyright protected by someone. Many use their YouTube channel to promote, to educate, to inform, and to entertain. This was the purpose of YouTube when it started, and still is to this day. And there are benefits to this system. A good video on YouTube, the first place many go for video on the web, is an excellent promotional tool. There is room to capitalize on this. But that’s not the issue.

The issue in this current case is the ability of a non-controlling party (someone who does not own the copyright) to post a clip of someone else’s content. According to the infamous Napster case, as long as the service is not promoting itself as a safe-haven for illegal activity and not encouraging it’s users to infringe, then it is not liable for damage caused by users. This was expended upon in the DMCA, and both have been upheld with this ruling. This was the right ruling in this particular case.

What can be done to protect copyrighted content from illegal use? In today’s technological society, not a ton. But just like the RIAA went after Napster users, Hollywood needs to start going after YouTube infringers. Those who post the content are the ones at fault. Not the service which is there for a public good. Is it ethical to post someone else’s content online? Only with their permission – or in other “fair use” ways. But who is responsible for monitoring those ethics?

Who polices the internet? No one. And no one should. That’s why the internet is a wonderful thing. If there is something out there that is dissatisfying, be it a blog comment, a copyright infringing post to a website, or scandalous photographs, it falls to you to work it out. Take it up with the webmaster, inform the host of some infringement, sue the user, there are many things you can do. But what you can’t do is prevent the actions of every person in an open world-wide-web.

It’s a tough battle, but a never-ending one. Until we all learn to play fair, this will continue to be a struggle. A court ruling locking down the internet is the last thing we need. Sure it’s frustrating to see others using your content, but on the plus side, it is free publicity, and others wanting to share your content shows that you do have a product that people love!

The New Game of Hollywood Investing

In the beginning there was film. Then sound. Then color. And everyone jumped on the bandwagon to make a profit. In the modern era, first there were adaptations. Then along came CGI. Then came the sequels. Then the remakes. Followed closely by the current techno-boom of 3D. Now the box office is down and Hollywood is reportedly scrambling to gobble up original material. This is the old game of grasping at straws; an act of desperation.

I’m no master when it comes to business. My investment portfolio will inspire no one. But I’m sure the Warren Buffett’s of the world will agree that this frantic method is no way to invest millions of dollars. And, let’s face it, for producers and for studios that’s exactly what movies are: an investment.

 It takes time and money to make a film. It takes clever marketing to get people to see it. But more than that, it takes quality material to generate word-of-mouth and positive internet buzz, which in this day and age, is what sells a film as much as a cool trailer.

Quality material, that’s the key.

There doesn’t need to be this frantic grasping at straws. There doesn’t need to be this constant guessing game to stay one step ahead of the curve. Think back; Go back to the roots: A good story well told. Invest the time and generate a quality film. That’s what will sell. Quality products generate repeat business.

There was a time when you could go to a Warner Bros. film and know that you would see quality, and some of your favorite actors. You could go to an MGM movie and know that you would be transported to a different world. The studio brand was almost as important as the film, but when you went to see a film you knew the level of quality you were buying.

You have to know your audience. They drill it into your head in film school. You have to know your audience and understand audience behavior. Movie tickets have become expensive. Audiences now invest not only their time in a film, but also a significant chunk of money for a night out. Gone are the days of the 50-cent drive-in. It’s now a $20 night out, not including popcorn. For the general populous that is an investment.

What will attract the audience to invest in a film? The same thing that will drive a company to invest in a new product: the bottom line. Ask yourself, is this film going to be worth 2 hours of my life? Is watching this movie going to be worth my hard-earned money? If yes, then they will come. If not, why make the movie?

Everything is a risk, and risk in business is what it takes to succeed. But everyone in Hollywood seems to be grasping at straws looking for the next sure thing. There is no sure thing… except telling a good story.