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Studies

by Mike Masnick

Wed, Jan 2nd 2008 9:09pm




Filed Under:
copyright, fair use, research


User-Generated Video Content At Risk Of Private Censorship

from the as-the-copyright-cartel-turns dept

Someone from the CenterforSocialMedia writes in to let us know about a new report from American University professors Pat Aufderheide and Peter Jaszi. "It finds that many online videos creatively use copyrighted materials in ways that are eligible for fair use consideration under copyright law. But even though they are potentially using copyrighted material legally, these uses -- an exercise of freedom-of-speech rights -- are currently threatened by anti-piracy measures online." This won't come as a surprise to many around here, of course, but it's yet another report backing up what's been well known for a while. The push by Big Content companies to claim that copyright allows them to do things well beyond the scope of the law already is creating (and will continue to create) chilling effects on perfectly legitimate and important areas of content creation.

6 Comments | Leave a Comment

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  1.  
    identicon
    Tin Ear, Jan 2nd, 2008 @ 10:46pm

    Oh, come ON!

    Does this mean that if I post to my YouTube account and have a song playing in the background, I'm going to have to post a picture of the CD case and the receipt proving I paid for it? I'm willing to bet that they would try to press this issue even with Bach or Handel playing in the background... Jeez!

     

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  2.  
    identicon
    Anonymous Coward, Jan 2nd, 2008 @ 10:57pm

    Re: Oh, come ON!

    Does this mean that if I post to my YouTube account and have a song playing in the background, I'm going to have to post a picture of the CD case and the receipt proving I paid for it?

    That wouldn't help. They claim that buying a CD gives you no right to use it that manner anyway.

     

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  3.  
    identicon
    zcat, Jan 3rd, 2008 @ 1:21am

    Handel or Bach?

    Don't think that using music which is out of copyright is going to be enough either.. if that music wasn't recorded on 78's or wax cylinders, it's probably recent enough that someone still owns the performance rights.

     

    [ reply to this | link to this | view in thread ]

  4.  
    identicon
    Fuse5k, Jan 3rd, 2008 @ 4:47am

    Re: Handel or Bach?

    Of course they would have to prove that it was their performance of the works, which may prove a bit more difficult, however i doubt that would stop them sending a DCMA takedown notice anyway!!!

     

    [ reply to this | link to this | view in thread ]

  5.  
    identicon
    Alfred E. Neuman, Jan 3rd, 2008 @ 5:14am

    Re: Re: Handel or Bach?

    You could play the Handel / Bach yourself and mix that in.
    What haqppens if I program a computer to read and play the Handel / Bach?

     

    [ reply to this | link to this | view in thread ]

  6.  
    identicon
    Tim Perry, Jan 3rd, 2008 @ 6:35pm

    Re: Re: Re: Handel or Bach?

    That exists, it's called MIDI.

     

    [ reply to this | link to this | view in thread ]


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