Since I’ve been posting recently about copyright and infringement and YouTube, I figured I should watch the video they have posted for “Copyright School.” Although I tried to embed the video into this post it appears it’s not working. So you can find the link here.

The video itself is moderately annoying. The song used through out the video kind of reminds me of this song.  It explains the bare bones basics of copyright works and how copyright can work on YouTube. It shows how copying a video is copyright infringement, and how potentially filming a live concert can be considered copyright infringement. Although they didn’t explain it was infringement because of the song not because of the video itself.

The fair use part is rather deplorable. However, this is to be expected. I’m sure whenever the writers got to this section the lawyers heavily edited it. I’d argue that it’s overly protective of YouTube. By stating that most remixes are likely to be outside of fair use, the video makes it very safe for YouTube itself. Youtube can point to this video and say, “See we told them those remixes weren’t allowed under fair use.” However, this is not entirely accurate. In fact the very video they use to explain this problem most likely is covered by fair use. Realistically, there’s no difference between the video Youtube uses and Numa Numa.

I’m not an expert at fair use, so I decided to post some commentary from one person who is. Here’s a pretty good discussion between Colbert and Lawrence Lessig. In this they discuss how remixing is and should be ok under fair use. It can benefit both parties. Here’s a blog post written by Lessig describing some of the failures of the fair use system as well.

So what can we gather from these two discussions and the YouTube video? First, YouTube is clearly putting itself in a position to not be liable for any work that may not actually fall under fair use. Second, it’s difficult to determine what is and what is not fair use. Lessig also points out that there is a dividing line between commercializing the work and keeping it for free. I’d suggest as much as possible to clearly understand these issues before attempting to commercialize any remixes.

In the terms of the internet commercialization isn’t the same as it used to be. Placing ads on your blogs or within your videos basically commercializes your work.

Btw here are two remixes from the Colbert Lessig Inteview.

I’m not going to go into a super deep history of copyright here. What I plan to do is outline the general idea behind copyright and how it’s shifted over time. If you want an in depth discussion on this I suggest reading it from Lawrence Lessig’s book Free Culture which the link to a direct download isn’t working right now. I can email it to you if you’d like, I believe.

Basically, the idea of copyright came about around the same time as patent protection. The idea, which is rooted in the same theories as patent protection, is to give just reward to people who created creative works, without fear of someone stealing it, and selling it for their own gain. This worked extremely well in a time when to listen to a great piece of music you had to listen to it live. This is where the public performance aspect came into affect. Of course, books were much more difficult to copy en mass as it’s really expensive to print a run of books. Copyright was originally much shorter in length of time than it is currently. At the longest it was until the creator of the work died. Now, as we know, copyright can persist significantly longer. We have more interaction because the material is more accessible. In the early 1900’s there was a big congressional hearing about sheet music. If sheet music should be allowed at all. Today, I think our version of sheet music is the video or musical remix, al a GirlTalk. I feel like I’m really pimping Lessig today, but he also wrote a book specifically about this topic called simply enough Remix. In this book he interviews GirlTalk about this very topic.

So, how does this shift in copyright really impact us? Well, as we can tell from the O’Dwyer case, RIAA, MPAA, and their equivalents in other countries, we interact with copyright on a daily basis. Not enough of us have a clear understanding of how we’re actually interacting with it. It’s conceivable that the video commentary out on Youtube for video games is technically copyright infringement. However, it would be stupid for video game publishers to go after the Youtubers, like my friends at KBMod, because they are effectively giving free advertisement for these games.

I suggest people that are active in posting videos online on Youtube become aware of the copyright issues that you may be interacting with. Sadly, ignorance is not a defense. The books I’ve mentioned above are easy to read. Lessig writes in a very clear way that non lawyers can understand easily.