YouTube and Copyright Infringement Essay

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It has been reported that YouTube does little if anything to prevent users from posting copyrighted material to the site (Bouchoux, 2008). These copyright violations may be based on wrong assumptions of clients e.g. the assumption that using a small portion is not an infringement, the assumption that a posting that does not have a copyright symbol is not an infringement, etc. All these assumptions are wrong and as such the site content is largely copyrighted material.

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Based on such actions the Digital Millennium Copyright Act was formed to reduce the degree of infringement of digital media. Following a reported violation, the copyright owner can request a takedown notice to be delivered to the parties responsible for the infringement. The notice is issued by the Digital Millennium Copyright Act and YouTube has been reported to be shielded from liability owing to their compliance with the act (Bouchoux, 2008). However, if the material is used for reasons that can allow the user to fall under exceptions allowed under fair use then litigation against YouTube is unwarranted. Fair use includes the use of copyrighted material for review, commentary, news, etc.

In March 2007, Viacom took YouTube to court demanding $1 Million in damages owing to the viewing of episodes from South Park. Intellectual property should be respected and it is clear that YouTube is providing avenues for breaching these rights. The company should take measures to begin demanding fees from the contributors which they could remit to copyright owners. This appears as a reasonable request given that based on the number of videos posted even a small sum could generate significant revenue.

References

Bouchoux, D. E. (2008). Intellectual Property for Paralegals: The Law of Trademarks, Copyrights, Patents and Trade Secrets. New York: Delmar Cengage Learning.

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IvyPanda. (2022, March 24). YouTube and Copyright Infringement. https://ivypanda.com/essays/youtube-and-copyright-infringement/

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"YouTube and Copyright Infringement." IvyPanda, 24 Mar. 2022, ivypanda.com/essays/youtube-and-copyright-infringement/.

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IvyPanda. (2022) 'YouTube and Copyright Infringement'. 24 March.

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IvyPanda. 2022. "YouTube and Copyright Infringement." March 24, 2022. https://ivypanda.com/essays/youtube-and-copyright-infringement/.

1. IvyPanda. "YouTube and Copyright Infringement." March 24, 2022. https://ivypanda.com/essays/youtube-and-copyright-infringement/.


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IvyPanda. "YouTube and Copyright Infringement." March 24, 2022. https://ivypanda.com/essays/youtube-and-copyright-infringement/.

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