Post Tagged with: "youtube"

Miranda Mulholland for Great Lake Swimmers by Brenda Lee (CC BY 2.0) https://flic.kr/p/7zTo1U

Music Industry’s Canadian Copyright Reform Goal: “End Tech Companies’ Safe Harbours”

Miranda Mulholland, a Toronto-based musician and music label owner, delivered an exceptionally passionate, accessible, and deeply personal keynote speech last week to the Economic Club of Canada. Mulholland’s talk was notable not only for providing an artist’s perspective, but for coming ready with next steps for everyone. She urged artists to create and protect their intellectual property, consumers to create playlists, write reviews, go to shows, and subscribe to digital music services, the music industry to be upfront about payment, to better support artists (including providing daycare services), and to pay for tickets to their own artists (Kate Taylor offered her take on the talk here, which includes an incredible comment from Music Canada that it wants only a level playing field, not public money. Music Canada has spent the last few years successfully lobbying for tens of millions in taxpayer support from provincial governments).

Given the active support from Music Canada for the event, her recommendations for policy makers were a core part of her message and largely mirror those of the industry. Unlike the 2010-2012 copyright reform process, piracy is no longer a key issue. Indeed, the issue of peer-to-peer file sharing and unauthorized downloading was not even mentioned in the speech. With the Canadian digital music market enjoying remarkable growth – Canada leaped ahead of Australia last year to become the 6th largest music market in the world and SOCAN generated record revenues – the industry focus is no longer on whether the public is paying for music (they are) but whether they are paying enough.

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May 29, 2017 Comments are Disabled News
Youtube by Esther Vargas (CC BY-SA 2.0) https://flic.kr/p/g8Y9qs

How a Dancing Baby Struck a Blow for Balanced Copyright Law

In February 2007, Stephanie Lenz, a California mother of a pair of young toddlers, shot a short video of her children dancing in the family kitchen with the Prince song “Let’s Go Crazy” playing in the background. Lenz proceeded to upload the 29 second video to YouTube so that friends and family could see it.

Thousands of hours of user-generated video are posted online every day and there was nothing particularly remarkable about the dancing baby video. What set it apart, however, was that several months later Universal Music Group, Prince’s music label, sent a takedown notice to YouTube claiming that it infringed its copyright.

My weekly technology law column (Toronto Star version, homepage version) notes that similar takedown notices are sent to Internet intermediaries such as Google every hour. Yet this particular takedown demand seemed so at odds with the law (few experts believe it infringes copyright) that it sparked an eight year court battle in the United States and served as the inspiration for a 2012 Canadian copyright reform that protects users and websites that create and host non-commercial user-generated content.

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September 22, 2015 2 comments Columns
Początek marszu by Piotr Drabik (CC BY 2.0) https://flic.kr/p/ocTafz

Canada’s Non-Commercial Copyright Fail: Why Did YouTube Mute a Holocaust Memorial Video?

Holocaust Remembrance Day (Yom HaShoah) starts tonight with events planned around the world. Last year, my daughter Jordan participated in the March of the Living, an annual event that brings thousands of people from around the world to the concentration camps in Poland. The experience had a profound effect and since her return she has become increasingly active within the March of the Living organization including joining the Ottawa board of directors. As part of tonight’s Holocaust remembrance event in Ottawa, she was asked to create a video to commemorate last year’s trip including interviews with participants, pictures, and video. She spent hours interviewing 18 participants on their experience and worked through hundreds of photos and hours of video to create a five-minute snapshot.

Last week, she posted the video to YouTube in anticipation of tonight’s event. Within hours, she received a message from the event organizer’s wondering why so few interviews appeared on the video. When she looked into the issue, she found that YouTube had muted the audio track with interviews after a couple of minutes (at 2:14 to be precise). The reason? The video includes some copyrighted background music. YouTube’s approach when it matches audio to a copyrighted work is to mute the non-music track, though it provides an option to fill out a fair dealing/fair use claim. Jordan did that, pointing out that Section 29.21 of the Canadian Copyright Act provides specific protection for non-commercial user generated content.  The provision states:

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April 15, 2015 12 comments News
Youtube logo by Andrew Perry (CC BY 2.0) https://flic.kr/p/4EDMaw

Not Just Netflix: Google Challenges the CRTC’s Power to Regulate Online Video

The Netflix – CRTC battle has generated considerable attention, but Netflix is not alone in contesting the CRTC’s authority to regulate Internet video services. As I suggested in a post yesterday, Google has adopted a similar position, refusing to provide the Commission with all of the information it was seeking. While the Google and Netflix submissions have oddly not yet been posted by the CRTC (all others have), the Globe obtained a copy that confirms Google’s position that it believes it also falls outside the Broadcasting Act. According to the report (also not online), Google declined to provide some requested data, noting that “Google does not publish or otherwise disclose this commercially sensitive business information.” The company adopted the position that its disclosures were voluntary and that it is not part of the Canadian broadcast system.

The Google position is notable because it is presumably not based on the question of presence within Canada, since Google maintains a significant Canadian presence. Rather, the core challenge will likely focus on whether a service such as Youtube (which once went by the slogan “Broadcast Yourself”) can properly be characterized as broadcasting for the purposes of current Canadian law.

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September 24, 2014 22 comments News
Minister Michael Coteau, Ministry of Citizenship and Immigration, at the Northern Leaders’ Forum by Premier of Ontario Photography (CC BY-NC-ND 2.0) https://flic.kr/p/i8qraN

Ontario Government Soft Pedals Netflix & Google Regulation, But Record Speaks For Itself

As CRTC Chair Jean-Pierre Blais anticipated, the Government of Ontario’s call for regulation of online video services attracted considerable attention, including comments from Canadian Heritage Minister Shelly Glover roundly dismissing the possibility. Glover stated:

“We will not allow any moves to impose new regulations and taxes on internet video that would create a Netflix and Youtube Tax.”

Last night, I received an email from a spokesperson for Ontario Minister of Tourism, Culture and Sport Michael Coteau that tried to soften the call for online video regulation. The spokesperson stated:

“The presentation today provided important elements for CRTC consideration as it undertakes its review. The government is not advocating for any CanCon changes, or that any specific regulations be imposed on new media TV, until more evidence is available.”

I asked for clarification on what “more evidence” means. The spokesperson responded that there will be over 100 presentations at the CRTC hearing and that all need to be heard from before moving forward.

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September 9, 2014 12 comments News