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YouTube & Fair Use (Part II)

Image Credit: Scott Nelson, Creative Commons, Attribute, Share-Alike

Last week, I addressed only the first stages in a YouTube copyright dispute. Should a copyright holder wish to issue a Digital Millennium Copyright Act takedown notice, the process is a bit more involved. This past year, the company introduced the YouTube Copyright School, a kind of “traffic school” for copyright violations. If a user receives a copyright violation notice, she is forced to watch a five-minute cartoon about copyright and complete ten questions regarding the content. As I mentioned above, on the third such copyright notice, the user is banned from uploading to YouTube for life. YouTube commissioned the creators of The Happy Tree Friends to craft the video tutorial, and so far, the video has received over half a million views, with around 1600 likes and five times as many dislikes. While the video certainly informs users of their rights and responsibilities under copyright, it uses visual rhetoric to present copyright law as frightening and complicated. Such a characterization contributes to the chilling effect on using copyrighted content to create YouTube videos.

YouTube & Fair Use

Recently, one of my YouTube videos was automatically removed for "copyright violations." I decided to take a closer look into YouTube's policies and found they may be dissuading users from exercising their Fair Use rights. 

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