Pressure from large media firms on video sharing sites to remove clips
containing copyrighted material may be unwarranted, according to new research.
A study by the
Center
for Social Media and
American
University's
Washington
College of Law suggests that many uses of copyrighted material in online
videos are eligible for fair use consideration.
The study is part of a larger endeavour, funded by the
Ford
Foundation, as part of the Center for Social Media's Future of Public Media
project.
It points to a variety of practices such as satire, parody, negative and
positive commentary, discussion-triggers, illustration, diaries, archiving and
pastiche or collage (under which remixes and mashups would fall), all of which
could be legal in some circumstances.
'Fair use' is the aspect of copyright law which permits users, in some
situations, to quote copyrighted material without asking permission or paying
the owner.
However, in order to fall under the fair use policy, this new content should
be 'transformative', and should add value to the original work. It should also
be used for a purpose different from the original work.
The report cites the example of producers taking elements from several works,
such as The Ten Commandments, Ben-Hur and Ten Things I
Hate about You to make a video called 'Ten Things I Hate about
Commandments.'
In this example the user is not necessarily stealing, but is 'quoting' in
order to make a new commentary on popular culture, and creating a new piece of
content which is different from the originals.
Despite these legal fair use allowances, the researchers warn that this
emerging participatory media culture is at risk owing to the increase in new
industry practices to control piracy.
Many video sharing platforms already craft agreements with large content
holders to automatically remove copyrighted material from the sites.
However, the report's authors are concerned that both legal and illegal
copying could all too easily disappear.
Furthermore, this could create a generation of media makers with a "deformed
and truncated" notion of their rights as creators.
The study recommends the development of a committee of scholars, makers and
lawyers to develop a set of best-practice principles, similar to those developed
in the
Documentary
Filmmakers' Statement of Best Practices in Fair Use (PDF).
The report's authors believe that these guidelines could help new creators
and online providers decide what is legal, and provide a framework for all
stakeholders to ensure that piracy is minimised without affecting creativity.
Comments
Have your say on this article