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YouTube CEO Says EU's Proposed Copyright Regulation Financially Impossible (googleblog.com)

YouTube CEO Susan Wojcicki has again hit out at proposed new European Union copyright rules which she claims is impossible for a platform like YouTube to comply with, and if done so, could harm the creative industries. Wojcicki said the European Parliament's vote in favor of an overhaul to copyright law two months ago is "unrealistic" because owners often disagree on who owns the rights to online material. In a blog post, she wrote: Take the global music hit "Despacito." This video contains multiple copyrights, ranging from sound recording to publishing rights. Although YouTube has agreements with multiple entities to license and pay for the video, some of the rights holders remain unknown. That uncertainty means we might have to block videos like this to avoid liability under article 13. Multiply that risk with the scale of YouTube, where more than 400 hours of video are uploaded every minute, and the potential liabilities could be so large that no company could take on such a financial risk.

The consequences of article 13 go beyond financial losses. EU residents are at risk of being cut off from videos that, in just the last month, they viewed more than 90bn times. Those videos come from around the world, including more than 35m EU channels, and they include language classes and science tutorials as well as music videos. We welcome the chance to work with policymakers and the industry to develop a solution within article 13 that protects rights holders while also allowing the creative economy to thrive. This could include more comprehensive licensing agreements, collaboration with rights holders to identify who owns what, and smart rights management technology, similar to Content ID.

20 of 142 comments (clear)

  1. That's fine by ArchieBunker · · Score: 5, Insightful

    YouTube can just block all of the EU and watch the hilarity.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
    1. Re:That's fine by PPH · · Score: 5, Funny

      It's as if millions of cats cried out in terror, and were suddenly silenced.

      --
      Have gnu, will travel.
    2. Re:That's fine by bobstreo · · Score: 4, Funny

      YouTube can just block all of the EU and watch the hilarity.

      I have a better idea.

      Create servers for EU IP ranges.

      Fully license and redirect every video link to a certain Rick Astley video with an announcement to contact the EU if they have any problems with copyright protection.

    3. Re:That's fine by AHuxley · · Score: 2

      Add a video clip before all content allowed in the EU with a spoken language message that the video is approved for viewing in the EU.
      In all EU languages with text before the video begins.
      Place that before all content now allowed to be played in the EU.
      With the correct legal framework quoted in full in each EU member nation language.
      Let every EU nation enjoy its full online EU legal compliance while the rest of the free world enjoys content.
      So EU viewers know the results they have been allowed to search for is legal and contains EU approved political content.

      --
      Domestic spying is now "Benign Information Gathering"
    4. Re:That's fine by ArchieBunker · · Score: 2

      The EU would fold long before YouTube. Imagine the constant stream of hate the politicians would get,

      --
      Only the State obtains its revenue by coercion. - Murray Rothbard
  2. One better by SuperKendall · · Score: 3, Funny

    Block Youtube, where instead it takes you to a page where you can write an angry letter to the people responsible for YouTube being blocked.

    It would be really interesting to see what effect blocking YouTube had on a modern society. Riots? Mass adoption of VPN? Meh?

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re: One better by Anonymous Coward · · Score: 3, Funny

      Increased productivity...

    2. Re: One better by c6gunner · · Score: 4, Funny

      Amazingly enough, China's demands are much more reasonable and straightforward than those of the EU.

  3. Or youtube can stop stealing everyone's music by Anonymous Coward · · Score: 5, Insightful

    Or youtube can stop stealing everyone's music, streaming it for free, and making all of the copyright infringement profit for themselves.

    For some reason youtube is the only company that can outright steal everyone's stuff, and sell it all for their own profit.

    If I did that at the swap meet with burned CD's I'd go to jail.

    1. Re:Or youtube can stop stealing everyone's music by Anonymous Coward · · Score: 2, Informative

      Did you even read the summary? Even for videos licensed from the music publishers themselves YouTube is at risk of copyright suits from unknown rights holders.

    2. Re:Or youtube can stop stealing everyone's music by squiggleslash · · Score: 2

      I'm not sure why you think your comment is news to the GP. It supports it, not undermines it.

      --
      You are not alone. This is not normal. None of this is normal.
  4. Tough by mccalli · · Score: 5, Interesting

    No-one above the law. Look at this example: "Although YouTube has agreements with multiple entities to license and pay for the video, some of the rights holders remain unknown. ".

    Yeah, that's the same with abandonware. Or even in hobbyist music I wrote which I can't release for exactly this reason. Same rules for everyone. Either campaign to remove those rules for everyone, or suck it up and comply. One or the other.

    1. Re:Tough by sl3xd · · Score: 4, Informative

      It doesn't sound like they are looking for an exemption.

      It's quite clear that YouTube is saying the proposed rules don't make sense, and shouldn't be implemented for anyone.

      --
      -- Sometimes you have to turn the lights off in order to see.
    2. Re:Tough by mccalli · · Score: 4, Interesting

      Thanks for the question. It's because I can't identify all the rights holders, so cannot publish due to the risk of being sued for copyright later. I've tried - I contacted the BBC (it's a BBC programme from 1982), I contacted Getty who now administer it...everyone. They told me who might have a right and confirmed that others had rights than those I had already identified. But they couldn't tell me who, only that it would be breach of copyright to publish without identifying.

      Oh, and Getty also wanted to charge me £500 to use it, after first insisting they would only deal with corporations anyway and not individuals like me. That would be £500 for one set of rights - the BBC. They then told me I would need to individually contact the presenter who read the script, and the scriptwriter. They also couldn't identify the scriptwriter.

      Result? Impossible to publish. Financially a non-starter but let's assume for a moment it wasn't, and that I had some sure-fire hit that easily justified paying three sets of people at minimum £500 each after individually tracking down all contact details...still I couldn't publish, because I wouldn't know where the rights for the script were held. I assumed the BBC. Apparently not.

  5. Brussels flies up its own colon by Applehu+Akbar · · Score: 3, Interesting

    The EU is in the process of strangling its own economy with rules that the rest of the world would go broke trying to comply with. Enjoy your GMO-free, music-free, Internet-free existence. We will gladly honor your right to be forgotten.

    1. Re:Brussels flies up its own colon by thegarbz · · Score: 4, Insightful

      We will gladly honor your right to be forgotten.

      Yes you will. And you will bend over backwards to keep content coming our way while doing so. Just like companies bend over backwards to appease Chinese censors. Some markets are too big to ignore, and as often is with empty threats, those markets are usually worth far more than the cost of compliance despite the ensuing bitching and moaning.

  6. Lies by Tailhook · · Score: 2, Insightful

    YouTube (Alphabet/Google, actually; stop kidding yourselves) — and the rest of the Valley monsters — have demonstrated that they are entirely capable of precisely moderating the content they host. They do so every day as their finely honed wrongthink detectors isolate every case of "offensive" content. So the argument that this EU requirement is some insurmountable burden is farcical. Unlike the deplorables they enthusiastically hunt down 24/7 with no complaint whatsoever about the financial feasibility, they are simply uninterested in enforcing EU copyright laws.

    Well too fucking bad. You people made yourselves the universal go-to moderators in your crusade to safe space the Internet. Content owners won't let you pretend you're not capable of applying the same facilities in service of protecting their IP.

    And this aggressive push for extreme IP polices coming from the EU should be no surprise to anyone. Consolidating power in Brussels could only amplify this rent seeking behavior. People heard the warnings of exactly this and pretended otherwise because damn all knuckle-draggers that don't want a giant all-caring all-providing European super government.

    Well, here you go motherfuckers. Enjoy.

    --
    Maw! Fire up the karma burner!
  7. Wouldn't it all be so much easier... by mr_jrt · · Score: 3, Interesting

    ...if copyrights only lasted a sane amount of time, say, 10 years or so, with a couple of optional 10 year extensions. Then the long tail of potential rights holders in a given work would dramatically reduce, making systems such as this much more feasible to manage.

    --
    Boo.
  8. It's probably fair use regardless, transformative by raymorris · · Score: 3, Informative

    > Too long to be fair use, and it's the centre point of the music anyway.

    You're thinking of one type fair use. If you're writing a research paper, you can use a short section from another research paper. "A short section" is only ONE of several types of fair use though.

    Two other fair use elements are "transformative" and, most importantly, market for the original work. If you made a rave song, using sampled audio from a newscast, that's probably okay because it's completely transformative. You can use the ENTIRE original work and it can still be fair use. See Kelly vs Arriba and other cases.

    Another element, probably the most important, is the effect of your use on the market value of the original work. Will people buy your song INSTEAD OF buying the TV show? If not, that has two effects:
    It makes it probably fair use.
    It means actual damages* would be $0 anyway, so it doesn't *matter* if it's infringing.

    If your song parodies or comments on the show, if it says something about contemporary culture as exemplified by the show, that may be fair use.

    There are many factors to consider for fair use. If the show was a stand-up comedy skit and you used most of it to make a comedy song, that would probably infringe. I'd bet that you're aong is transformative enough that it doesn't compete with the prior work or damage its market value, though.

    * Statutory damages are a thing. I won't go into that here.

  9. Backwards by raymorris · · Score: 2

    See for example Campbell v. Acuff-Rose Music, 510 U.S. 569 (1994) regarding transformative fair use. Also many earlier rulings.
    http://www.law.cornell.edu/sup...

    There is a big difference between criticism and parody in fair use law. One can criticize something without copying it. Parody by it's very nature requires the characteristic elements of the work. Therefore, a criticism does not necessarily have a fair reason to copy; a parody does because the parody cannot exist without copying.