Paul Jacobson

• How to file a complaint with YouTube under the DMCA
  If a video on YouTube violates your copyright, this is how you address it with YouTube.
  (tags: dmca safeharbor safeharbour youtube copyrightinfringement copyright)

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• @justinhartman Congrats to both of you! #
• Chaos at my house today. Have handyman and waterproofing people here working #
• Just been interviewed over the phone by Sunday Times again about copyright infringement #
• Heading to ST’s offices in an hour for a video interview too #
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• aka Vincent #
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• @The_Lush I am a lawyer, when they get to me it is often bad news too #
• The video of my interview will be up on The Times Multimedia site tomorrow if all goes well. #
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A recent filmed interview about the Sunday Times’ coverage of the Health Minister’s alleged antics was hijacked, edited and posted to YouTube. I was approached by the Sunday Times earlier today for comment and part of my interview was included in a video published on The Times’ multimedia site:

Brought to you by: The Times Multimedia

There is a definite risk of copyright infringement on the Web today, particularly of content that is published on the Web. This case involving videos posted on The Times’ multimedia site is typical of some of the acts of copyright infringement that occur on an ongoing basis. As I mentioned in my interview, it may be that visitors to the site are not aware of the limitations copyright imposes and don’t realise that downloading videos from the original site, editing them and republishing the edited versions is copyright infringement. Either that or those individuals are aware that their edits infringe copyright and will do it anyway.

In either case, the Sunday Times can make use of a mechanism in the American Digital Millenium Copyright Act which enables it to place YouTube in notice that the video on the YouTube site infringes its copyright and calling on YouTube to remove the video. If YouTube does not comply with a properly formulated notice it can risk losing the protection it is afforded under that legislation from a claim for copyright infringement. We have a similar mechanism in our law. These mechanisms protect service providers like YouTube (and local content sharing services) from claims provided they comply with so-called take down notices.

The Sunday Times retains the right to pursue the author of the video for damages or other forms of relief to guard against further acts of copyright infringement if it can locate and identify the author. An alternative could be to license its content under a Creative Commons license that enables visitors to the site to share the content or even remix it (although I don’t see such a permissive license being granted). Another step is to advise visitors what the permissible uses of content on the site are in an effort to address ignorance about these sorts of intellectual property rights.

Technorati Tags:
content licensing, content sharing, copyright, copyright infringement, youtube, sunday times, safe harbor, safe harbour, dmca

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Nevermind copyright infringement, what happens when a content sharing site hosts content that amounts to hate speech? If you are in the group of people targeted by that content, do you sue for its removal? There is a chance that could happen in Germany where Jewish community groups may take action against Google for hosting Nazi propaganda video clips on YouTube. It raises an interesting question. Hate speech is not protected by the right to freedom of expression in our Bill of Rights as well as in a number of similar Constitutional provisions in foreign jurisdictions.

If there is content that amounts to hate speech and which is available in a country which outlaws it (like South Africa), we could start to see community activists taking action against the services that host that content. It would be really interesting to see how differing standards of free expression are dealt with and whether that content may be blocked in one country and allowed in another or simply removed altogether? I wonder what would happen if content qualified for protection under a country’s free expression laws and was banned under another?

That would be an interesting case …

Technorati Tags:
freedom of expresion, nazi, propaganda, google, youtube, germany, jews, hate speech

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• @stii How so? #
• @stii Yeah, that comparison is pretty interesting although I don’t know that you can compare them directly #
• I am either installing Ubuntu 7.04 on a partition or I am overwriting my Windows installation altogether … #
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• @Unodewaal I think all those issues can be resolved with 3rd party apps if need be #
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• Ooh, got google Desktop working on Ubuntu #
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