|
Fair use advocates releases guidelines for user-generated video sites |
|
|
|
Written by Felix Da Silva (fdasilva@bitnip.com)
|
|
Friday, 02 November 2007 |
 The EFF, the ACLU, Public Knowledge, and the Berkman Center for Internet &
Society at Harvard Law School have come up with a set of guidelines that user-generated video sites could use in order to ensure
their attempts to keep infringing video offline don't ignore
users' rights to fair use of the content.
The Fair
Use Principles for User Generated Content (PDF) suggests that any filters used by video sites must have safeguards to ensure that
fair use is respected. Any uploaded video must fail three tests before being
blocked.
First, the video should be a match for a fingerprinted video. Second,
the audio track needs to be a match for the fingerprinted video. Third, nearly the entirety (e.g, 90% or more) of the challenged content is comprised of a single copyrighted work (i.e., a ratio test).
The guide also suggests that creators should be afforded the opportunity to dispute the conclusions of automated filters. If a users video is matched by an automatic filter, the user should be promptly notified by the service provider of the consequences of the match and given the opportunity to dispute the conclusions of the filtering process. Notice should be provided to the user whether or not the match results in the blocking of content.
The EFF has posted a gallery
of videos that it believes might be blocked by automated filters, even
though each one of them might qualify for protection under fair use.
Senior intellectual property Attorney Fred von Lohmann in a statement
Our aim is to speak for the interests of the millions of amateur creators who
are fueling the popularity of YouTube and similar sites. I'm glad there are groups out there that acts as a counterbalance to the corporations greedy view of copyright.
|
