Thursday, November 11, 2010

Copyrights : Viacom vs Youtube

The free accessibility of the online world has no doubt encouraging freedom of speech, but nevertheless much rights and regulations are violated here too, especially copyrights violations. Youtube, being the largest video society in the Internet that consists of more than 90 millions visitor is one of the websites that always comes out with copyrights issue. (New York Times 2009) According to YourRights.org.uk, the term ‘copyright’ is defined as the constitutional right to prevent duplication or re-publishing of original works in different methods without notifying. (2003) A copyright license has a shelf life of the authors life with additional of 70 years. (YourRights.org.uk 2003)

In 2007, entertainment corporate Viacom Media sued Youtube for allowing their users to upload videos without legal permits. (Arcamona 2010) Viacom Media stated that Youtube is violating the rights of the company and also celebrities that worked hard in production, when they allow videos to be posted without permission. (BBC 2007) Youtube claimed that they did not violate any copyright policies as most videos that are unauthorized are removed. (BBC 2007) Court judge of the case Louis Stanton, claimed that Youtube is not guilty under the Digital Millennium Copyright Act 1998 (DMCA), knowing that unauthorized videos are removed from the site once noticed. (Aljazeera 2010)

The DMCA 1998 is an act to protect originality of authorship in any forms of publications, in short the copyrights, certified by President Clinton on October 28, 1998. (DMCA 1998) Under the 2nd Title Section 512 of the act regarding online copyright violation liability limitation stated that, violating copyrights using online methods are to be charged guilty. (DMCA 1998) The owner of the copyright must prove that the copyright is violated under any circumstances in order to perform this act. (DMCA 1998) Its also stated that, party will not be charged if items are removed or able to provide strong supports. (DMCA 1998) Which is why Youtube did not charge guilty on the Viacom lawsuit.

During a concert in Orlando back in 2007, Beyonce accidentally slipped from the stairs of the stage and the scene was captured by fans. (Montgomery 2007) The footages are all over Youtube in no time, appearing under “Most Watched” and “Most Discussed” categorizes. (Montgomery 2007) The videos were immediately removed by the admin the next day due to copyrights violation. (Montgomery 2007) Youtube administrations announced that, thou the videos are captured by themselves, the copyrights still remain to the celebrity herself due to the song performed which is copyrighted under Beyonce. (Montgomery 2007) Still after the first stage of videos clearance, the videos came appear on Youtube again in no time. (Montgomery 2007) This shows how Youtube works and why they are sued by Viacom.

Thou copyright issues are everywhere in our daily life, it is hard to avoid the rules sometimes. Even big corporate like Youtube are not doing a good job in protecting copyrights, but still they get away with it. Which is why online users should always remember the hardship and creativity behind every production and protect the ownership and originality of the owner.


Reference List:

Arcamona, R. 2010, 'What the Viacom vs Youtube Verdict Means for Copyright Law,' 2 July, viewed 7 November 2010 < http://www.pbs.org/mediashift/2010/07/what-the-viacom-vs-youtube-verdict-means-for-copyright-law183.html >

New York Times 2009, 'Youtube,' 17 April, viewed 7 November 2010 < http://topics.nytimes.com/top/news/business/companies/youtube/index.html >

YourRights.org.uk 2003, 'Meaning of Copyright,' 18 August, viewed 7 November 2010 < http://www.yourrights.org.uk/yourrights/right-of-free-expression/copyright-and-allied-property-rights/meaning-of-copyright.html >

BBC 2007, 'Viacom will sue Youtube for $1bn,' 13 March, viewed 7 November 2010 < http://news.bbc.co.uk/2/hi/6446193.stm >

Aljazeera 2010, 'Youtube wins copyright case,' 24 June, viewed 7 November 2010 < http://english.aljazeera.net/business/2010/06/201062471727600429.html >

DMCA 1998, 'The Digital Millennium Copyright Act of 1998,' viewed 7 November 2010 < http://www.copyright.gov/legislation/dmca.pdf >

Montgomery, J. 2007, 'Youtube Yanks Video of Beyonce's Tumble, Citing Copyright Infringement,' MTV.com, 27 July, viewed 7 November 2010 < http://www.mtv.com/news/articles/1565743/20070727/knowles_beyonce.jhtml >

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