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Rimmer, Matthew --- "The Dancing Baby: copyright law, YouTube, and music videos" [2017] ELECD 300; in Richardson, Megan; Ricketson, Sam (eds), "Research Handbook on Intellectual Property in Media and Entertainment" (Edward Elgar Publishing, 2017) 150

Book Title: Research Handbook on Intellectual Property in Media and Entertainment

Editor(s): Richardson, Megan; Ricketson, Sam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710781

Section: Chapter 6

Section Title: The Dancing Baby: copyright law, YouTube, and music videos

Author(s): Rimmer, Matthew

Number of pages: 45

Abstract/Description:

There has been a long history of copyright litigation in respect of musical works and sound recordings. Over the last decade there has been a new battlefield. In the wake of legal action against peer-to-peer networks such as Napster, Kazaa and Grokster, and torrent services such as The Pirate Bay, copyright owners targeted internet video sites, which provided access to copyright works such as music, television and film. There has been significant conflict in respect of internet videos between creators, the music industry, online intermediaries and consumers. The internet video-sharing site YouTube has been a focal point of copyright litigation and public policy debate. Founded in February 2005, YouTube is a consumer media company which enables the distribution and sharing of videos online. The company has explained the nature of the enterprise: ‘Everyone can watch videos on YouTube – both on YouTube.com and across the Internet. People can see first-hand accounts of current events, find videos about their hobbies and interests, and discover the quirky and unusual. As more people capture special moments on video, YouTube is empowering them to become the broadcasters of tomorrow.’ YouTube has established an extensive intellectual property policy in the terms of use of its internet video service. The company also emphasizes in its privacy policy that it will cooperate with authorities in respect of any breach of United States federal or state law. Kevin Werback of the University of Pennsylvania Wharton School suggests that a number of factors explain the success and popularity of YouTube.