Fair Use For All

Lexicon | Broadcast

Search Engine Land reports that ArsTechnica reports that the Computer & Communications Industry Association (an organization led by Microsoft, Google, Yahoo and other software vendors) has created the Defend Fair Use initiatve. They’d like the big media companies to recognize fair use in their copyright statements. One can call it AstroTurfing (though no one will, since people side with the software companies over media companies), but they do raise a good point (even if the slogan “Stand up for your RIGHT to use the content YOU PAY FOR” is illustrated by a couple cuddling– not standing up– on the couch). It’s such a good point, I think YouTube should take heed and listen!

When I uploaded a video to YouTube last week, I had to affirm one of two things. Either I was the owner of the video I was uploading, or that I had cleared it with the copyright owners. There was no option for fair use. (I did end up clearing it). So, in essence, Google/YouTube is perpetuating the lunacy that there’s no such thing as fair use. (They mention it in their copyright tips— which isn’t directly linked from the upload page.)

Here’s my proposed replacement copyright clearance form:

Video Upload Copyright Check-Off
I own the rights to this video.
I actually don’t own the right to this video. I … copied it.
I actually cleared it with copyright owners.
My clip meets the guidelines for fair use as specified by section 107 of the U.S. Copyright law
This is of nonprofit educational value.
The Daily Show is educational.
I’m capping my AdSense windfall from this at $15.
This is a fractional sample of the original work.
Fractionally sized. The original was 27 inches. This is 4.
Come on, it’s nothing like the Verve’s ripping “Bittersweet Symphony” off the Oldham Orchestra’s “The Last Time.”
This will not adversely affect the potential market for the value of the copyrighted work.
In the long run, at least. Who’s the one with the deep pockets here?
I’m promoting it. Duh. I mean, it’s not like people are going to ditch cable because they can see it all here for free, right?
How much does C-SPAN really make off its back catalog anyways?

(note: taking a screencap of the above is fair use.)

This a blatant rip off; take it down, and another will sprout up in its place. Mwuhahaha!
I copied this from another YouTube user.
  If there’s something lamer than that, I don’t know.

Certainly any video upload website should demonstrate good faith to the content owners, by ask their users to supply the broadcast details. If the users believe that they are supplying the content in good faith, they would fill this out. Under the current regime, copyyright fiends rip-off an entire Colbert Report and accompany it with antisemitic text (it’s 2 months later and the video remains up).

Program Name
Broadcast Date
Broadcast length
URL of original clip