Researchers question video copyright laws

Centre for Social Media examines legality of online videos

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.

Advertisement

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.

  • Have your say
  • Send to a friend
  • Print
  • Digg
  • Reddit
  • Share

Tags:

Do you agree?

Further reading

Consortium develops first wireless HD specs

High-definition baseband video transmission standard now complete

Vivid takes hard line with PornoTube

Adult site accused of copyright infringement

Oregon blocks RIAA spying attempts

Subpoenas dismissed as 'overbroad and burdensome'

EMI accused of copyright violation

In the court of the Crimson King

Related whitepapers

Related jobs

Most watched

Xperia X1

Video Review: Sony Ericsson Xperia X1

First Looks Editor Ian Williams gets hands on with the Sony Ericsson Xperia X1

BlackBerry Storm

Video Review: BlackBerry Storm

Technology editor Daniel Robinson looks at the first touch-screen device from Research in Motion

IT white papers

Search white papers

Top categories

Poll

Poll: Summer smartphones

Poll: Summer smartphones

Which smartphone will you be taking to the beach this summer?

View poll results

Advertisement

Advertisement

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Enter email address to edit your newsletter preferences

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

Spotlight

Google Chrome

Microsoft has no need to worry about Chrome OS

Redmond may actually welcome the new arrival

Dr Aladdin Ayesh

Is it time for the Turing Test to retire?

It is nearly 60 years since Alan Turing devised a...

Security double standards

Broadband provider Tiscali has launched new figures showing an alarming...

Beach

Top 10 holiday gadgets

A wry look at the must-have beach items for any...

Primary Navigation