Researchers question video copyright laws

Centre for Social Media examines legality of online videos

Written by Ian Williams

Pressure from large media firms on video sharing sites to remove clips containing copyrighted material may be unwarranted, according to new research.

A study by the Center for Social Media and American University's Washington College of Law suggests that many uses of copyrighted material in online videos are eligible for fair use consideration.

The study is part of a larger endeavour, funded by the Ford Foundation, as part of the Center for Social Media's Future of Public Media project.

It points to a variety of practices such as satire, parody, negative and positive commentary, discussion-triggers, illustration, diaries, archiving and pastiche or collage (under which remixes and mashups would fall), all of which could be legal in some circumstances.

'Fair use' is the aspect of copyright law which permits users, in some situations, to quote copyrighted material without asking permission or paying the owner.

However, in order to fall under the fair use policy, this new content should be 'transformative', and should add value to the original work. It should also be used for a purpose different from the original work.

The report cites the example of producers taking elements from several works, such as The Ten Commandments, Ben-Hur and Ten Things I Hate about You to make a video called 'Ten Things I Hate about Commandments.'

In this example the user is not necessarily stealing, but is 'quoting' in order to make a new commentary on popular culture, and creating a new piece of content which is different from the originals.

Despite these legal fair use allowances, the researchers warn that this emerging participatory media culture is at risk owing to the increase in new industry practices to control piracy.

Many video sharing platforms already craft agreements with large content holders to automatically remove copyrighted material from the sites.

However, the report's authors are concerned that both legal and illegal copying could all too easily disappear.

Furthermore, this could create a generation of media makers with a "deformed and truncated" notion of their rights as creators.

The study recommends the development of a committee of scholars, makers and lawyers to develop a set of best-practice principles, similar to those developed in the Documentary Filmmakers' Statement of Best Practices in Fair Use (PDF).

The report's authors believe that these guidelines could help new creators and online providers decide what is legal, and provide a framework for all stakeholders to ensure that piracy is minimised without affecting creativity.

Tags:

Further reading

Consortium develops first wireless HD specs

High-definition baseband video transmission standard now complete   More...

Vivid takes hard line with PornoTube

Adult site accused of copyright infringement   More...

Oregon blocks RIAA spying attempts

Subpoenas dismissed as 'overbroad and burdensome'   More...

EMI accused of copyright violation

In the court of the Crimson King   More...

Related articles

UK copyright laws under the spotlight

Lord Triesman launches consultation   More...

Do you agree?

Advertisement

Job of the week

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Hiring now on ComputingCareers:

Related IT jobs

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Advertisement

Watch

16 May 2008

2.97 MBXP on OLPC, broken dreams and Yahoo fights back More...

15 May 2008

3.28 MBDark fibre, mobile TV and solar power More...

14 May 2008

2.66 MBOnline inequality, mobile thumbprints and corporate raids More...

Poll

HOME WORKING

HOME WORKING

Do you let any or all of your employees work from home?

Previous poll results

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Enter email address to edit your newsletter preferences

Spotlight

OLPC

OLPC to ship with Windows XP

Microsoft teams up with One Laptop per Child project   More...

The Sims

The Sims goes flat-pack with Ikea

Virtual world gets Swedish wood   More...

Advertisement

Microsoft-Yahoo

Yahoo board fights back at Icahn

Investor accused of 'significant misunderstanding' in Microsoft saga   More...

MySpace

Woman charged over MySpace suicide

Lori Drew indicted on federal charges   More...

Advertisement