Fair use has always been at risk on YouTube, thanks to abusive DMCA takedown notices sent by copyright owners (sometimes carelessly, sometimes not). But in the past several weeks, two things have made things much worse for those who want to sing a song, post an a capella tribute, or set machinima to music.
First, it appears that more and more copyright owners are using YouTube's automated copyright filtering system (known as the Content ID system), which tests all videos looking for a "match" with "fingerprints" provided by copyright owners.
Second, thanks to a recent spat between YouTube and Warner Music Group, YouTube's Content ID tool is now being used to censor lots and lots of videos (previously, Warner just silently shared in the advertising revenue for the videos that included a "match" to its music).
EFF, along with many other public interest groups, have repeatedly expressed our concerns to both copyright owners and YouTube about the dangers of automated filtering systems like the Content ID system. These systems are still primitive and unable to distinguish a tranformative remix from copyright infringement. So unless they leave lots of breathing room for remixed content, these filters end up sideswiping lots of fair uses.
And that's exactly what has happened these past few weeks. And while today it's Warner Music, as more copyright owners start using the Content ID tool, it'll only get worse. Soon it may be off limits to remix anything with snippets of our shared mass media culture -- music, TV, movies, jingles, commercials. That would be a sad irony -- copyright being used to stifle an exciting new wellspring of creativity, rather than encourage it.
http://www.eff.org/deeplinks/2009/01/youtubes-january-fair-use-massacre
