New media and technology has posed complex legal issues surrounding copyright. I, personally, have seriously considered publishing content on YouTube, but have decided against it in part because of its problematic copyright policies. For example, YouTuber Casey Neistat was too afraid of copyright strike to play a song in his video even though the artist had sent him a copy of the song personally. It’s become an ongoing joke on YouTube, but the issues for content creators are real. YouTubers risk losing their advertisement revenue or having their video removed even if the music is played by someone else in the background out of the creator’s control, such as at a restaurant or event. This is an obvious issue for YouTubers who may have spent a great deal of time making a video only for it to get claimed.
I want artists to receive fair compensation for their work. However, Kirby Ferguson argues that the process of creating new works is to copy, transform and replicate existing works. Even those with the legal right to a work relied on on the work of someone else to create theirs. Further, copyright laws were made before the ability to create and share media was available to the masses. Despite the fact that technology has rapidly changed the way media is created and shared, the laws have not been able to keep up. On top of that, the standard for what constitutes as a new work is highly subjective.
YouTube’s overzealous and flawed attempt to prevent copyright infringement through Content ID has resulted in a paradox: the platform created to give the masses the ability to create and share content has favored those who have had the beginning from the start. Outside of Hollywood, it is near impossible to obtain permission from everyone who has rights to a work. Content ID is also flawed because it does not consider works clearly covered under fair use, such as educational material or a short clip of a song. While I have benefited from YouTubers’ opportunity to earn revenue from their videos, YouTube has not figured out how to allow creators to legally use copyrighted works to enhance their videos and monetize their work.
I love watching Youtube and have benefitted from YouTubers creating better content due to monetization. The opportunity for people to create and share videos outside of the narrow walls of Hollywood is appealing and worth pursuing. YouTube’s copyright strike and Content ID systems has limited the ability for creators to do this, though. Obviously, YouTube must adhere to the law and artists deserve compensation for their work. The law is not designed for a platform such as YouTube and YouTube’s ardent enforcement of law has undermined its original function.
Sharing content on YouTube still appeals to me as a hobby. Their issues with copyright law and monetization have lead me to not want to receive revenue from YouTube. Monetization of videos further limits the works allowed to be used. The ability to earn money on YouTube is also what fuels copyright strikes. I do not want to earn revenue from such a fickle system. As platforms such as YouTube continue to develop, the question must be asked of what fair use and copyright infringement are when anyone with a smartphone can be a filmmaker.
