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!
