Re: There's no need to prescreen-- just give us good enforcement mechanisms
In fact, why not require people to log in and certify that the video is their own creation? Isn't this Internet party all about encouraging the creators who were ignored by the mainstream media? If YouTube would only get people to certify that the videos are their own creation -- and punish the people who lie-- we might actually converge on what the Internet is supposed to be.
Excellent point and one that's missed by the article's title. Besides just watching each video, throw in several hours (or months) for researching the copyright owners, if it's even possible to determine. That will push the cost into the trillions. The only sane thing to do is trust the uploaded and wait to see if anyone submits a claim of infringement. One of my fears with solutions like a database is that it will lead to large copyright holders getting better enforcement than the home movie makers. This is probably already happening. One claim of infringement and you might have all your computers confiscated. Need to do work? Sorry. Can you imagine such a thing happening if the tables were turned and a large company was accused of infringing an individual's copyright? I can't.
The problem with fair use is that it's a judicial test, not a right outlined in a statute. The criteria for fair use are subjective and is determined on a case-by-case basis. Most people simply do not have the resources to risk a lawsuit so they will settle, cease and diciest, etc. even though their actions might fall comfortably within a fair use scenario. I would like to see future legislation take this into account. Anti-SLAPP statutes are a good start in this direction, but so far they're mostly designed to reduce the cost of the defense. To be effective, they need to go further and penalize plaintiffs who are determined to have sued in bad faith. I'd like to see many of the fair use cases, news, parity and non-commercial use become part of copyright law.