That's not to say that YouTube's success has come entirely from amateur content. Like all newly-emerging
media companies, YouTube has had its run-ins with the established media giants. Earlier this year, YouTube was on the
receiving end of an NBC nastygram which ever-so-politely requested the removal of the cult hit "Lazy Sunday"
(aka The Chronic-what-cles of Narnia" ). The company acquiesced (as is its policy) and removed the offending clip.
Perhaps as a result of this (and other network
threats requests) YouTube made some modifications to its
policies in order to avoid future copyright issues. Most notably, the company now limits the length of uploaded videos
to 10 minutes or shorter.
Ironically enough, however, it's YouTube's philosophy of small, digestible
content and their willingness to avoid copyright issues that has positioned them to answer the age-old question of
“What is fair use?”
While fair use discussion has, in the past few years, been dominated by DVD
ripping and TV Show “sharing," YouTube might just find itself at the heart of the another oft-overlooked
aspect of fair use, reporting and education. Just as blogs have re-written the rules of print media, YouTube has
quietly positioned themselves (or found themselves) at what could be the heart of the next major copyright battle:
video clips. You see, spread throughout the amateur videos are a slew of tightly-edited clips designed to illustrate
points. These clips are often the property of a media giant. However, as uploaded and used, many of these clips
For instance, maybe you're preparing a blog post about the refereeing
in the NBA playoffs. Sure, you could attempt to describe the events in question blow-by-blow. However, that just
doesn't have the impact of including the video clips. It's much easier and more effective to just show why Raja Bell was suspended for a game or why Reggie Evans is now the most feared man among the male
population. YouTube makes this possible.
In an effort to distance themselves from “works in their
entirety” and thus stay on the righteous side of Fair Use, YouTube has attracted a new breed of
“reporter.” Sites use YouTube to quickly post video proof of the latest current events or examples of their
While, in the past, the RIAA, the MPAA, the NAB, etc. have been able to bully media services that
trafficked in copyrighted material, the same brute-force logic of “It's mine, you can't play it” is no
longer applicable with much of the YouTube content. Unlike some of its less legitimate brothers, YouTube is doing
everything it reasonably can to respect the honest rights of the copyright holders. YouTube has shown very little
interest in bolstering its userbase through flagrant copyright violations. YouTube has even been lauded by industry
groups for its responsiveness to DCMA issues. However, that's not to say that YouTube will bend to the will of
It's this compliance with the spirit of copyright law that would make YouTube an awfully tough
opponent should content owners ever try to challenge YouTube's right to post content. Will big media content owners
cross the line with their removal requests? Will YouTube be forced to take a stand? Will they be the advocates of Fair
Use that we hope they will be when the content isn't as cut and dry as "Lazy Sunday?" It's unclear. What is
clear is that YouTube might just have the ability to wrestle back some of the content-rights users have been slowly
losing. Let's hope they exercise it when the time comes.
If you have comments or suggestions
for future columns feel free to drop me a line at firstname.lastname@example.org.