Thoughts/Solutions for YouTube

D*J*E, Internet, Law, Music Industry | First, I want to admit I am not an expert on the DMCA. I am familiar with section 512 that includes the ISP safe harbors including notice and takedown provisions. I agree with this provision because an ISP or a website cannot always know what its users are uploading, and it is the user doing the uploading, not the site. I realize the site is enabling the uploading of content, whether infringing or not, but that is a whole other discussion I don’t feel like exploring at the moment…

What if YouTube, or other social media sites, had a pre-screening process before users were allowed to upload content? I will use YouTube for example. Say YouTube changed their video upload process to where, instead of just writing a blurb about not uploading infringing content, they actually had a questionnaire. Here is a rough example:
1. Do you own the video you are about to upload to YouTube?
a. No – Continue to #3
b. Yes – Continue to #2
2. Does this video contain any copyrighted material (such as music, video clips, or a recitation of written works) that you do not own?
a. No – You may upload the video.
b. Yes – Continue to #3
3. Do you have permission to upload this copyrighted material/content?
a. No – Continue to #4
b. Yes — You may upload the video.
4. Does this video fall under the Fair Use doctrine (provide short description of fair use)?
a. Yes — You may upload the video.
b. No – You may not upload the video, or you may remove the infringing content from the video and upload the remainder of the video.

I realize this is very simple and does not address problems such as defamation. Furthermore, it relies heavily on the honor system where people will falsely say they have permission to use the work and that their video falls under Fair Use when it does not. While this proposal could be fine-tuned, it is a start. After such a screening process, the takedown notices might decrease and it may be easier to police infringers.

I do not agree with or condone copyright infringement. However, I do agree with creation. There has to be a happy medium between the two and both sides are going to have to compromise a bit to get there.
~D*J*E

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