This article was written by Gordon Firemark from the Law Offices of Gordon P. Firemark – Entertainment Lawyers.
Please visit Gordon’s blog and leave a comment on what you think of this YouTube policy and how it will effect your films and videos.
“News.com reports in greater depth on this situation, and as it turns out, the system isn’t a unilateral, automated removal of soundtracks at all. Apparently,YouTube identifies videos with unlicensed music using an automated filter, and then notifies the uploader/user of the situation, giving the CHOICE to mute the audio, or remove the entire video. As commenters have pointed out, this is still problematic, as it fails to consider Fair Use as a possible defense or justification for the inclusion of the music. YouTube’s already been taken to task in court once over indiscriminate take-downs…” Click here to read rest of article.