Wednesday, April 28, 2010

Hitler reacts to the Hitler parodies being removed from YouTube

Yes I know this is last week's news, but I'm pleasantly surprised to find this hilarious commentary on take down vs fair use is still available (though for how much longer?) (And given all the swearing, can I get away with showing it to the students??)

Of course, You Tube appears to have responded to Hitler's plaint: by providing a "put back, it's fair use honest guv" button. However note this only applies where take down has been automated by You Tube's Content ID system: so it wouldn't apply to the video above.. However, it's a step in the right direction (even if it has, say YT, been available since 2007, only no one noticed! ) so hurrah, say we all (even though I like cat videos too..)

There is of course currently no copyright exemption for parody in the UK (see current Gowers consultation, paras 16ff, indicating no prospect of change on this) - so if a video is streamed/watched in the UK, having been uploaded in the US, taken down via Content ID (or via overt notification), but then put back for fair use in US - quid iuris? or more accurately, what of You Tube and their claim to be exempt from liability under art 14 of the E Commerce Directive? have they received "notice"?? arguably yes, via their automated system or otherwise and yet they are still publishing a copyright infringing item. Can Google UK then block the video even though it remains available on the US site? and can the automation software deal with this? Google has, I'm sure, thought of this. Individual copyrights being inherently territorial, we are in deep waters for Pangloss. Comments welcome!

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