June 27th, 2024

Copyright Takedowns: A Cautionary Tale

The article delves into fair use complexities in copyright law, citing the Blurred Lines case. It discusses challenges with automated takedowns by systems like Content ID, emphasizing the struggle for content creators against entities like Universal Music Group. It raises concerns about filternets' impact on free expression, advocating for a balanced copyright enforcement approach.

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Copyright Takedowns: A Cautionary Tale

The article discusses the complexities and challenges surrounding fair use in copyright law, particularly focusing on the case of a symposium discussing the Blurred Lines copyright dispute. It highlights how automated copyright enforcement systems like Content ID on platforms such as YouTube and Spotify can lead to erroneous takedowns, even in cases where fair use is applicable. The piece emphasizes the difficulties faced by content creators, such as the Engelberg Center, in navigating these systems and contesting takedowns, especially when dealing with powerful entities like Universal Music Group. It also touches on the broader implications of automated takedown systems and the push for filternets, highlighting concerns about their cost, accuracy, and impact on free expression. The article underscores the need for a more nuanced approach to copyright enforcement that considers fair use and protects creators from unwarranted censorship.

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Link Icon 1 comments
By @cainxinth - 4 months
Good take as usual from Doctorow. His main arguments:

- Automated content takedown systems (e.g YouTube Content ID) fail to recognize fair use cases, such as academic discussions about copyright, and can be abused by bad actors to censor legitimate content.

- Intermediary liability frameworks (e.g. notice-and-takedown systems and proposed "filternets") disproportionately favor large corporations and can stifle free speech and creativity.

- Removing safe harbor protections (e.g. Section 230) could further entrench big tech monopolies and make it harder for everyday internet users to share content online.