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Posted by PTravel on 12/05/06 21:27
"Colin B" <Colin B@cb.org> wrote in message news:4575d8c3@clear.net.nz...
> Now this is a most interesting issue, from the above it would appear that
> the people uploading the video have the awesome responsibility of deciding
> whether or not a particular video clip requires copyright clearance. It
> seems that many thousands of uploaders decide that it's not necessary to
> get copyright clearance for their contributions to youtube, when copyright
> experts would have decided that such clearance was necessary. So because
> it's obvious that thousands of uploaders couldn't care less about
> copyright issues, shouldn't youtube itself not publish any video clips
> until they are satisfied that the items don't breach the copyright
> holder's rights?
Why? Youtube incurs no liability by doing so.
>
> This would seem to be the responsible thing to do, even if Federal law
> exempts websites like youtube from liability for infringing material
> uploaded by their users without their knowledge.
Why is it "the responsible thing to do"? The law defines the extent of the
duty owed by Youtube to copyright owners. As long as it doesn't violate its
obligations under law, it is not acting irresponsibly.
> This would then tidy up the site and get rid of the huge volume of
> material uploaded illegally from DVDs and TV shows.
It's not Youtube's problem.
>
> It seems that youtube rely on copyright holders complaining to them before
> they will remove any video clips that infringe copyright?
Which is in complete compliance with law.
> This may mean that the uploader could be sued by the copyright holder,
> rather than youtube being sued when copyright is infringed?
That's correct.
> I wonder if the uploaders realize this possibility?
Probably not. There is endemic disregard for copyright among Youtube's
primary demographic.
>
> But, I suppose, if you think broadly about this whole issue, perhaps it IS
> better to leave it over to the copyright holders to complain IF they are
> unhappy about some of their material being uploaded to youtube. After all,
> why delete a whole lot of items from youtube if the copyright holders are
> happy with the material being there because of the huge advertising value
> they gain from the clips being viewed by millions of people?
>
>
>
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