The Bizarre State of Copyright
2014-08-15 · explainer · Hank · 3:56 · watch on YouTube
Topic: Internet & YouTube (also: US politics & society) · mode: Explainer
Hank explains copyright, patents, trademarks and fair use, and argues that on YouTube copyright is now policed by Content ID rather than by law: not the fairest or most legal solution, but the only possible one, and kind of cool.
What is said
The parts of the video and what is said in each (★ — how much it matters to the video).
00:00:00 — Greeting; last week's meningitis song stole Calvin Harris's 'Summer'; a brave new copyright world where solutions are technological
- ★★ Last week (week of 4 August 2014) Hank made John a song about his inflamed nervous system using the instrumental of Calvin Harris's 'Summer' — a blatant copyright violation that is somehow okay. (playful) — 00:00:00
- ★★★ Hank says we live in a brave new copyright world where the solutions are no longer legal but technological. — 00:00:10
00:00:23 — Intellectual property: three ways to own it in the US — copyright, patents, trademarks (McDonald's)
- ★★ Intellectual property is the idea that you can own things that are not physical objects; in the US there are three ways to own it. — 00:00:23 · United States
- ★★ Anything you create, like this video, is protected by copyright because you made it; ideas cannot be copyrighted but can sometimes be patented. — 00:00:30
- ★★ Controlling an idea is weirder and scarier, so the US government regulates patents, which must be applied for and granted. — 00:00:37 · United States
- ★★ Trademarks assign symbols or words to a company or product — McDonald's logo, name and 'I'm lovin' it' — so no one else can run a look-alike McDonald's. — 00:00:50
00:01:06 — Copyright started simple; fair use for critique (a Reservoir Dogs clip); only a judge decides fair use
- ★★ Copyright started out simple: you own your words in that order, so no one can republish them as their own book, which used to happen all the time. — 00:01:06
- ★★★ Critiquing a work or society sometimes needs bits of others' work, like a Reservoir Dogs clip in a video on screen violence; that is legal fair use, copyrighted material used for societal good inside another work. — 00:01:28
- ★★★ Even when any judge would obviously call something fair use, only a judge can actually decide whether it is. — 00:01:53
00:02:05 — On YouTube copyright is technological: Content ID matches every upload; rights holders block or monetize; disputes; his hankschannel video
- ★★★ Copyright on YouTube today is more a technological system than a legal one, because there is too much content for any lawyer to review every upload. — 00:02:05 · YouTube
- ★★★ YouTube's Content ID, a 'robotic lawyer', compares every uploaded video with a massive library of songs, films and TV shows; Hank calls it a little bit of a miracle. — 00:02:18 · YouTube
- ★★★ When Content ID finds a clip, the rights owner may do nothing, take the video down or, most likely, monetize it — like a retroactive licence Hank says he shouldn't owe for fair use, though he could dispute it. — 00:02:39
- ★ Hank points to a whole video he made about disputing copyright claims on hankschannel. — 00:03:07 · hankschannel
00:03:14 — Why he could use Calvin Harris's song; not the best, most legal or fairest solution but the only possible one, and kind of cool; sign-off
- ★★ That is why he could use Calvin Harris's song: Calvin Harris gets the video's money, and Hank need not negotiate with a record label at ten at night on a Thursday. (playful) — 00:03:14
- ★★★ Hank's big point: Content ID is not the best, most legal or fairest solution, but the most possible — really the only possible — one. — 00:03:30
- ★★★ Frankly it's kind of cool: Hank can violate copyright without losing his channel, YouTube avoids being sued out of existence, and rights holders get another revenue stream (for fancier yacht parties). (playful) — 00:03:40 · YouTube
Threads in this video
- restate · Should ideas be ownable, and is copyright law working? — Hank judges that YouTube's technological copyright policing is not the fairest or most legal solution but the only possible one, and kind of cool for creators, YouTube and rights holders. (00:03:30)
Mentioned
Central: Content ID · copyright · fair use · intellectual property · YouTube
Also: People: Calvin Harris
Projects: hankschannel
Works: Reservoir Dogs · Summer
Organizations: Federal government of the United States · McDonald's
Concepts: patent · trademark
Places: United States
Also centred on Content ID: We Have Destroyed Copyright Law
Also centred on copyright: August 31: Copyright and Airports · Top 5 Reasons ████ ██ ██████ · Old Man Narrates Young Girl · On the Ownership of Ideas · Across Three Continents: A Tale of Tumblr, Copyright, and Excellent Posters · Who Owns a Monkey's Selfie? And a Song About Meningitis!
Also centred on fair use: Top 5 Reasons ████ ██ ██████ · Old Man Narrates Young Girl
Also centred on intellectual property: On the Ownership of Ideas · Who Owns Nerdfighteria?
Replies to
- continues · Who Owns a Monkey's Selfie? And a Song About Meningitis! — “Last week I sent you a song about your inflamed nervous system”
← Previous: EBOLA! (...meningitis) · Next → Baby Names: Thoughts from Rural Ethiopia