It has been reported in several places, including the EFF, that Youtube is using its Content ID filtering system to take down the very popular parodies using footage from Downfall, the 2004 movie about Hitler’s last days. This is bad news for everybody with a sense of humor and especially everybody who thinks a parody should at least get a chance at being judged on its fair use merits. Youtube;s policy is apparently pretty automatic; someone who claims to own the rights to footage complains and an software tracker locates and takes down the material. Here is an excerpt from the Electronic Frontier Foundation’s response:
If copyright owners want to block remix creativity, they should have to use a formal DMCA takedown notice (and be subject to legal punishment if they fail to consider fair use), rather than a coarse automated blocking tool. That is one reason we called on YouTube to fix the Content ID system so that it will not automatically remove videos unless there is a match between the video and audio tracks of a submitted fingerprint and nearly the entirety (e.g, 90% or more) of the challenged content is comprised of a single copyrighted work. That was over two years ago, and YouTube told us then that they were working on improving the tool. If YouTube is serious about protecting its users, it is long past time for YouTube to do that work.
ᔥElectronic Frontier Foundation
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