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Home » Copyright, Daily Blog, Featured

YouTube’s New and Improved Content ID System

Submitted by Stephenie Reimer on October 21, 2012 – 11:21 AM61505 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F10%2F21%2Fyoutubes-new-and-improved-content-id-system%2FYouTube%E2%80%99s+New+and+Improved+Content+ID+System2012-10-21+15%3A21%3A22Stephenie+Reimerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6150

YouTube leads the video-sharing market with an average of 50 million videos uploaded per day. Years ago, in an effort to curtail the improper use of copyrighted material, YouTube established Content ID, a content management system which automatically detects infringed upon copyright material. Despite its good intentions, the Content ID system received a lot of flak for its bias towards protecting the rights of copyright holder over the fair use rights of video uploaders. After years of controversy over the program, YouTube has recently modified its Content ID procedures and now allows video uploaders to formally challenge copyright holder claims against their uploaded content.

Content ID creates an ID File for copyright video and audio material and stores it in a database. Once a user uploads a new video, the video is checked against the database files and flagged if a copyrighted violation is found. The copyright holder of the flagged material is contacted. Under the old Content ID program video uploaders had absolutely no way with which to defend their work. While video uploaders could dispute the Content ID claim, if the copyright holder rejected the video uploader’s dispute, the case was closed – and all rights over the video were handed to the alleged copyright holder. The copyright holder could then decide to either take the video down or put revenue-generating advertisements on it.

YouTube user Eeplox’s fight over a video of him foraging for a salad exemplified the limitations of YouTube’s ill conceived Content ID system. Eeplox’s field foraging video was flagged for its background music which allegedly belonged to Rumblefish, a music licensing firm. Eeplox filed a dispute explaining that he couldn’t have possibly infringed on any copyright because the ‘music’ in his video was actually nothing more than bird calls in the background. Nevertheless, Rumblefish took advantage and reported back to YouTube that their copyright was indeed violated. YouTube granted Rumblefish full control over Eeplox’s video – giving Rumblefish the freedom to run ads, mute the audio, or simply remove it from the site.

YouTube’s newly revamped Content ID counter-notification and appeals process will hopefully prevent video uploaders, like Eeplox, from being improperly accused of copyright infringement. With the new process, the alleged content owner will no longer be able to summarily dismiss the video uploader’s Content ID dispute and appropriate rights over the video. The content owner will now have to either release its claim over the video or file a formal Digital Millennium Copyright Act notification. Filing a formal DMCA notification permanently removes the video and results in a “copyright strike” against the offending user. The new Content ID process will likely discourage illegitimate disputes and appeals from both video uploaders and alleged copyright holders.

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About the Author:

Author: Stephenie Reimer

Stephenie Reimer is a 2L at American University Washington College of Law with interests in intellectual property, e-commerce, and betting & gambling law. Stephenie is a Junior Blogger for the Intellectual Property Brief and a Junior Staffer for the American University Law Review. She holds a B.A. in Economics and Government from Claremont McKenna College.

Stephenie Reimer has written 6 posts for the IPB.

61505 Commentshttp%3A%2F%2Fwww.ipbrief.net%2F2012%2F10%2F21%2Fyoutubes-new-and-improved-content-id-system%2FYouTube%E2%80%99s+New+and+Improved+Content+ID+System2012-10-21+15%3A21%3A22Stephenie+Reimerhttp%3A%2F%2Fwww.ipbrief.net%2F%3Fp%3D6150 »

  • YouTube’s New and Improved Content ID System – American University Intellectual Property Brief | فلسطين says:
    October 21, 2012 at 1:17 PM

    [...] rest is here: YouTube’s New and Improved Content ID System – American University Intellectual Property… Tags: curtail-the-improper · improper · improved · leads-the-video · [...]

    Reply to this comment »
  • YouTube’s New and Improved Content ID System says:
    October 21, 2012 at 1:25 PM

    [...] more at American University Intellectual Property Brief. Filed Under: [...]

    Reply to this comment »
  • Holly says:
    October 22, 2012 at 6:40 PM

    Great to see this. People were taking advantage of the claims process (clearly as seen in the referenced incident) and it was causing MANY issues within rights management. Balance was thrown off.

    Bravo YouTube for acting. One last step, the ability to attach a file (i.e. a legitimate license or ownership document) to the counter claim would be ideal and likely reduce the amount of abuse.

    Reply to this comment »
  • Oreico says:
    November 2, 2012 at 10:15 PM

    Thanks for summarize this convoluted process; hopefully the YouTube action will brings a more balance approach to protect the rights of all participants stakeholders. Creating, publishing and hosting web content is per se a complex enterprise due to the intellectual nature and intangibility of the digital media process.

    Reply to this comment »
  • this website says:
    November 21, 2012 at 3:07 PM

    Yeah I'll say, you did a great job summarize this.

    Reply to this comment »

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