See NY Times story, Perils of Online Ads
Ninth Circuit Rules That Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notice
If this case proceeds, there are interesting jurisdictional and fair use / fair dealing points that arise. If the use of the music was fair use in the U.S., but not fair dealing in Australia, and the video is available in Australia, one would assume that there is copyright infringement in Australia.
Brisbane Times article
The video in question
EFF press release
Why do you think that Google is doing this?
The verdict strengthens the position of Germany's royalty collections body GEMA which has been battling Google-owned YouTube over copyright issues for years.
The last agreement expired in 2009 and the conflicting parties have since been at loggerheads over the proper method to collect copyright fees. However, Friday's verdict is not the landmark ruling which some had hoped would once and for all settle the contentious issue of copyright protection in the Internet.
The Hamburg court decided that Internet platforms like YouTube are not directly liable for the breach of copyrights committed by users uploading protected material. However, the platform is now obliged to "deactivate immediately any illegal videos" once alerted by those holding the copyright.
Notably, the ruling does not oblige YouTube to check all content that has already been uploaded to its site – a key GEMA demand.
The judges said YouTube was not the main culprit because it does not upload or steal any content. Rather it facilitated the copyright breaches by offering and operating the online platform.
In order to prevent further copyright breaches, the judges called on YouTube to employ specific software capable of detecting songs in videos.
This is a very topical class, with a number of relevant decisions from the past two weeks. Thus, there is a lot of reading for this class.
The main reading for the class is the iiNet case:
See Bell v. Steele
See also: SMH Article and Note.
Viacom and Google broke their silence Thursday in their legal battle, as Viacom claimed that Google's YouTube unit had sought to exploit copyrighted works for profit, while Google argued that Viacom itself had secretly uploaded copyrighted clips it later demanded YouTube remove. The claims are among the many divulged as a federal judge and the parties to the case released a slew of documents.
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