Why Are Copyrights on YouTube So Confusing?

Function with Anil Dash

YouTube is one of the most popular websites on the Internet, and millions of users upload all kinds of videos to it every day. Some of these are original productions, but there are also song covers, clips from television or movies, and lots of other content that occupy a murky gray area with respect to copyright. Including a caption like "no copyright infringement intended" might offer you some protection, but YouTube's Content ID system could ensure that your video is demonetized or blocked from the platform completely.

On this week's episode of Function, we look into YouTube and copyright infringement with entertainment lawyer Gordon Firemark and YouTuber and musician Paul Davids. Gordon specializes in theatre, film, television, and new media law, and he breaks down how works become copyright, talks about the concept of fair use, and discusses with Anil why a copyright disclaimer could do more harm than good.

Later, Anil speaks with Paul about how YouTube's Content ID system resulted in getting a copyright strike on his own original song. As someone who has been on the other side of this issue, Paul offers a thoughtful and nuanced explanation on his situation that will influence how you think about your work and copyrights.

Guests

• Gordon Firemark
• Paul Davids

Other Links

• It's Over! Viacom and Google Settle YouTube Lawsuit. (Recode)
• Fair use
• Digital Millennium Copyright Act
• What is a YouTube Content ID claim?
• YouTuber in row over copyright infringement of his own song (BBC News)

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