YouTube and Copyright Woes
Posted on October 27, 2006
Filed Under Insights |
I was on the comments section of Mathew Ingrams blog just now - nerdy or what? - and found what I think is fascinating information for many of us on YouTube and Copyright but it matters not just to YouTube.
YouTube’s apparent defence against writs for copyright infringement is the US safe harbour clause that says, quoting Tim Wu, a lawyer, OK if a copyright holder informs you you’re showing its material without permission you are fine, as long as you take it down.
But says Rob Hyndman, also a lawyer: Tim’s article is nice history, but it’s nothing new - there have been lots of pieces like it - and it doesn’t address the central question of how Google can financially exploit this asset and stay on the right side of the safe harbor.
Hyndman’s point is there is no safe harbour if the offending party was trying to make money out of it.
“The issue for YT is how it monetizes content from which it is not permitted to derive financial benefit if it is to get the benefit of the safe harbor.”
Wow.
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One Response to “YouTube and Copyright Woes”
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Glad my comments section is so enlightening, Haydn
But I think Rob would agree with me that it’s not quite as cut and dried as you suggest (is anything in copyright law?) IANAL, but as far as I know the simple fact of making money from content does not automatically remove the benefit of the safe harbor clause.