Category Copyright & Fair Use

The Case Against ContentID

Having spent 10 years navigating the DMCA and how YouTube’s ContentID tool manages claims, I’m not surprised to see the copyright tool used as a weapon to censor. I’ve chronicled my adventures with copyright law and fair use quite a… Continue Reading →

Fair Use is an Extension of User Rights and Freedom of Speech

The purpose of copyright is to promote the arts and sciences. Fair use – via commentary or parody – also promotes the arts and sciences. But at its root, fair use’s importance in history and politics is far more profound… Continue Reading →

The Entrepreneur’s PTSD

A key tenet of Context is King is transparency. Another is truthfulness. Today the prospects for entrepreneurs are wildly different; but the challenges remain the same. Writing, like dreaming, helps process information and cope with one’s emotions. When I wrote my… Continue Reading →

Irony: In Music, Spotify is Frenemy; YouTube is the BFF Labels Need More Than Ever

Nothing captures YouTube’s evolution as rights & advertising clearinghouse more than music’s love/hate relationship with pariah-turned-frenemy-turned belle of the media ball. Music and gaming content have always been the biggest content categories on YouTube. It’s thus not surprising that both… Continue Reading →

A Solution for YouTube’s ContentID That Would Solve Most of Its Other Problems (Brand-Safety, Algorithm)

YouTube’s latest scandal involves pedophiles. YouTube’s roots are in piracy, but over time its size has led it to face challenges with brand safety, algorithm trends, and much more. We sometimes conflate the causes of a given problem, but as I… Continue Reading →

It’s Time to Fight Back Against Those Who Abuse YouTube’s Content ID Copyright Tool

TL:DR version: We need to track and expose rightsholders who ignore fair use and hold them accountable. If you have been abused by a rightsholder, let me know. We will gather our forces and strike back against those who need… Continue Reading →

Fair Use: A Legal, Business And Common-Sense Proposition

Recently, U.S. Circuit Judge Denny Chin concluded that Google’s book scanning amounted to fair use because it was “highly transformative” and “didn’t harm the market for the original work.” Judge Chin also rejected the Author’s Guild theory that Google was “depriving authors… Continue Reading →

Commercial Applications Of Fair Use

If you’re working in the online video world, you may have to contend with copyright challenges, so it’s helpful to know something about the law in this area. The biggest misconception surrounding copyright law is that commercial use nullifies, or… Continue Reading →

Fair-Use Cases That Have Shaped Copyright Law

The doctrine of fair use has developed through a series of court decisions over the years, codified in section 107 of copyright law.  For a primer on fair use, check out my first article on the topic. The courts consider each matter on a… Continue Reading →

What Fair Use Is — And How It Works

The Digital Millenium Copyright Act (DMCA) has provided user-generated content websites with four safe harbors that effectively put the onus on rightsholders to protect their intellectual property.  While 2012 saw the content lobby go nuclear on the DMCA and try to shift… Continue Reading →

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