0 More than 1 billion unique visitors each month

0 Over 6 billion hours of video watched each month
0 100 hours of video uploaded every minute
0 Over 3 billion ads on Google sites
0 Reaching 34% of US population
0 Average of 28 ads per users
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The Issue
3
Digital Millennium Copyright Act
Safe Harbor (17 USC § 512)
0 Balance between
0 Copyright holders
0 Online Service Providers
0 2013: Google processed more than 440,000 requests
0 Since 2011: Over 400 requested for youtube.com
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0 Scans over 400 years of video every day
0 Used by more than 5,000 partners
0 Contains more than 25 million reference files
0 Generates hundreds of millions of dollars for partners
0 Limited by a claimant’s rights
0 Content right
0 Territory right
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0 As of 2010
0 More than 100 million videos claimed by Content ID
0 2010
0 Roughly 1/3 of 2 billion views each week displayed ads on
infringing videos
0 50% increase from 2009
0 Accounted for 14% of videos viewed on all of YouTube
0 2013
0 New policy change resulted in thousands of videos containing
game footage, including “Let’s Play” videos were flagged and
blocked or monetized
0 Some YouTubers reported that 15 percent of their content was
diverting ad revenues to third parties
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The General Process
7
The General Process
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Creating Policies
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Blocked Video
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Monetized Video
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Dispute and Appeals
12
The Issue
0 False positives, improper claims
0 Automatic system cannot account for fair use, public domain,
tolerated uses
0 Human review does not help; it occurs too late if at all
0 Increased transaction costs
0 Need to move through system to tolerate uses or dispute
claims
0 No reasonable way to tolerate specific uses
0 Claimants make money off YouTuber’s creativity
0 Monetize policy only applies to claimant
0 YouTuber not allowed to share in ad revenue, with one
exception
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Solution
(i) CONDITIONS FOR ELIGIBILITY.—
(1) ACCOMMODATION OF TECHNOLOGY. —The limitations on liability established by
this section shall apply to a service provider only if the service provider —
(A) has adopted and reasonably implemented, and informs subscribers and
account holders of the service provider's system or network of, a policy that
provides for the termination in appropriate circumstances of subscribers and
account holders of the service provider's system or network who are repeat
infringers; and
(B) accommodates and does not interfere with standard technical measures.
(C) does not use or implement a monitoring or filtering technical measure,
standard technical measure, or other similar type of measure that results in a pattern
of or repeated instances of false positives or unjustly enriched claimants
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Solution
(k) Definitions.—
(3) False positive —as used in subsection (i), the term “false positive” means
content identified and claimed by the monitoring or filtering technical measure,
standard technical measure, or other similar type of measure:
(a) When evidence demonstrates that the video uploader had permission, right, or
license to use the identified and claimed content in the uploaded video,
(b) When evidence demonstrates that the video uploader would have had the
permission, right, or license to use the identified and claimed material in the
uploaded video, or
(c) When the claimant did not have the right and ability to protect the identified and
claimed content
(4) Unjustly enriched – as used in subsection (i), the term “unjustly enriched” means
when the claimant receives revenue or any other monetary compensation for
content in the uploaded video which the claimant does not have the right and ability
to protect.
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Michelle Obama
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Maria Pallante, U.S. Register of
Copyrights
0 Requested that Congress re-examine DMCA
0 Has sought to increase ISP role in online enforcement
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Senators
0 Patrick Leahy
0 Introduced PIPA, co-chair of Internet Caucus
0 “A leader on Internet and technology issues, Leahy was
the second senator to post a homepage.”
0 A “leading Internet magazine called Leahy the most ‘Net-
friendly’ member of Congress.”
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Senators
0 Al Franken
0 Chair of Privacy, Technology, and the Law subcommittee
0 Had trademark suit with Fox over “fair and balanced”
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Senators
0 Jerry Moran
0 Opposed SOPA and PIPA
0 Proponent of small business
0 “As a country we must do more to support and foster
innovation and entrepreneurialism”
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Senators
0 Maria Cantwell
0 Introduced the OPEN Act
0 “America’s economy thrives on innovation and freedom
of speech. We can’t afford to rush an Internet policy that
could trample on our innovation economy”
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Representatives
0 Bob Goodlatte
0 Chair of the House Judiciary Committee
0 Decided to hold hearings on copyright reform
0 Co-chair Internet caucus
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Representatives
0 Darrell Issa
0 Named 1994 Entrepreneur of the Year
0 Past chairman of Consumer Electronics Association
0 Holder of 37 patents
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Representatives
0 Zoe Lofgren
0 Believes in a vibrant public domain and robust fair use
rights
0 Has “pledged to work with the technology and
entertainment industries to ensure that copyright policy
strikes the proper balance to ensure innovation,
creativity, and free expression are not held back”
0 Named an ally in copyright reform by Senator Wyden
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Representatives
0 Lamar Smith
0 Introduced SOPA
0 Chairman of the Science, Space, and Technology
Committee; has jurisdiction over programs at NASA
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Stakeholders – Governmental
0 NASA
0 Mars landing and other videos blocked by Content ID
0 USPTO’s Office of Policy and International Affairs
0 Advises federal government on IP issues
0 Issued Green Paper on Copyright Act
0 Seems to promote automatic filtering programs
0 US Department of Commerce – NTIA
0 Studied DMCA, works with telecommunications and the
Internet
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Stakeholders – Nongovernmental
0 Electronic Frontier
Foundation
0 Fight for the Future
0 Writers Guild of America
0 Copyrightalliance.org
0 Companies who have
signed UGC Principles
0 YouTubers
0 Multi-Channel Networks
0 Library Copyright Alliance
0 CATO Institute
0 Center for Democracy and
Technology
0 Recording Industry of
America
0 National Music Publishers
Association
0 Any streaming website
0 Adult video industry
0 Movie, TV show, gaming,
music companies
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Marketing and Messaging
0 DCMAreform.weebly.com
0 This is Your Tube
0 All Work and No Pay Makes Creativity Fade Away
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References
Statistics, YOUTUBE, http://www.youtube.com/yt/press/statistics.html (last visited March 31, 2014).
Lawrence Lessig Settles Fair Use Lawsuit Over Phoenix Music Snippets, ELECTRONIC FRONTIER FOUNDATION (Feb. 27, 2014),
https://www.eff.org/press/releases/lawrence-lessig-settles-fair-use-lawsuit-over-phoenix-music-snippets.
Requests to Remove Content, Transparency Report, GOOGLE,
http://www.google.com/transparencyreport/removals/copyright (last visited April 27, 2014).
Ernesto, Google Takedown Notices Surge 711,887 Percent in Four Years, TORRENT FREAK (March 25, 2014),
http://torrentfreak.com/google-takedown-notices-surge-140325.
Amir Hassanabadi, Viacom v. Youtube-All Eyes Blind: The Limits of the Dmca in A Web 2.0 World, 26 BERKELEY TECH. L.J. 405,
412 (2011).
How Content ID Works, YOUTUBE, https://support.google.com/youtube/answer/2797370?hl=en (last visited March 31, 2014).
Britney Fitzgerald, YouTube Pulls Michelle Obama's Democratic National Convention Speech In 'Error,’ Huff Post Tech, THE
HUFFINGTON POST (Sept. 5, 2012), http://www.huffingtonpost.com/2012/09/05/youtube-pulls-michelle-obama-
speech_n_1857708.html.
Will Oremus, Did YouTube Really Block Michelle Obama’s DNC Speech for Copyright Infringement?, SLATE (Sept. 5, 1012),
http://www.slate.com/blogs/future_tense/2012/09/05/michelle_obama_dnc_speech_why_did_youtube_flag_it_for_copyrig
ht_infringement_.html.
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References
The Register's Call for Updates to U.S. Copyright Law, COPYRIGHT.GOV (March 20, 2013),
http://www.copyright.gov/regstat/2013/regstat03202013.html.
About Senator Leahy, Biography, PATRICK LEAHY, http://www.leahy.senate.gov/biography (last visited April 27, 2014).
Wikipedia, Al Franken, http://en.wikipedia.org/wiki/Al_Franken (last visited April 27, 2014).
Sen. Moran speaks on SOPA, PIPA, and the Startup Act, Speeches, JERRY MORAN (Jan. 31, 2012),
http://www.moran.senate.gov/public/index.cfm/speeches?ID=8213686c-b194-4133-ad3f-aef7044f4a58.
Wikipedia, Jerry Moran, http://en.wikipedia.org/wiki/Jerry_Moran (last visited April 27, 2014).
Cantwell: ‘Keep the Internet Open for Free Speech and Innovation,’ Press Releases, Newsroom, MARIA CANTWELL (Jan. 20,
2012), http://www.cantwell.senate.gov/public/index.cfm/press-releases?ID=dae90d9d-8723-4bc0-add5-69472285c99b.
Wikipedia, Maria Cantwell, http://en.wikipedia.org/wiki/Maria_Cantwell (last visited April 27, 2014).
About Representative Issa, DARRELL ISSA, http://issa.house.gov/about/about-darrell (last visited April 27, 2014).
Claire Cain Miller, YouTube Ads Turn Videos Into Revenue, THE NEWYORK TIMES (Sept. 2, 2010),
http://www.nytimes.com/2010/09/03/technology/03youtube.html?_r=0.
David King, Content ID Turns Three, YouTube (Dec. 2, 2010), http://youtube-global.blogspot.com/2010/12/content-id-turns-
three.html
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References
Biography, About, CONGRESSMAN LAMAR SMITH, http://lamarsmith.house.gov/about/biography (last visited April 27, 2014).
Camerson Kerry, et al., Copyright Policy, Creativity, and Innovation in the Digital Economy, DEPT. OF COMMERCE INTERNET POLICY TASK
FORCE (July 2013), available at http://www.uspto.gov/news/publications/copyrightgreenpaper.pdf.
Sherwin Siy, Wyden Calls for Copyright Reform at CES, PUBLIC KNOWLEDGE (Jan. 9, 2013), http://www.publicknowledge.org/news-
blog/blogs/wyden-calls-copyright-reform-ces.
Mike Masnick, Hollywood Screenwriters Worry About Aggressive Copyright Enforcement And Threats To An Open Internet, TECH DIRT (Jan
29, 2014), http://www.techdirt.com/articles/20140128/17412926030/hollywood-screenwriters-worry-about-aggressive-copyright-
enforcement-threats-to-open-internet.shtml.
Bruce Boyden, The Failure of the DMCA Notice and Takedown System: A Twentieth Century Solution to a Twenty-First Century Problem,
COPYRIGHTALLIANCE.ORG (Dec. 2013), https://copyrightalliance.org/sites/default/files/resources/bruce-boyden-the-failure-of-the-dmca-
notice-and-takedown-system.pdf.
Principles for User Generated Content Services, UGCPRINCIPLES.COM, http://www.ugcprinciples.com (last visited April 27, 2014).
Copyright, CONGRESSWOMAN ZOE LOFGREN, lofgren.house.gov/copyright (last visited April 27, 2014).
February 2014 U.S. Online Video Rankings, COMSCORE (April 8, 2014),
http://www.comscore.com/Insights/Press_Releases/2014/4/comScore_Releases_February_2014_US_Online_Video_Rankings.
Colin Campbell, YouTube video game shows hit with copyright blitz, POLYGON (Dec. 10, 2013),
http://www.polygon.com/2013/12/10/5198276/youtube-video-game-shows-hit-with-copyright-blitz
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