[A2k] User Generated Content Principles

Mon Oct 22 13:50:05 2007

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>From my reading of the 'Principles'
<http://www.ugcprinciples.com/index.html>
it looks like the blocking of uploads will be automatic, based on a list
('Reference Material') provided by copyright owners.

Copyright owners *may* indicate alternatives to blocking - how many will do
so
is another matter.

The Principles also state that the 'Identification Technology [for blocking=
]

is implemented in a manner that effectively...accommodating fair use.'; my
guess is that this is technologically & logically impossible.

User Generated Content Services (ie. the websites) "may, at their option,
utilize manual (human) review...in lieu of, or in addition to, use of
Identification Technology,'; the problem with this (besides cost), is that
it
changes the legal role of the website owners into editors, making them
liable
for content passing review. I doubt many will opt for such human
intervention.

As a whole, the Principles move away from 'Notice & Take Down' procedures
provided by US law, to a 'block initial upload & notice'; ie. it places the
onus on the uploader to prove (in court? to the Website owner? to the
copyrightholder?) that the use is fair use. Given that uploaders tend to be
individuals, while the Websites (Daily Motion, My Space, Microsoft, Veoh)
and
Copyright Owners (CBS, Disney, Fox, NBC-Universal, Viacom) involved tend to
be
mega-corporations, I doubt that fair-use will get a fair hearing.

Mark Perkins MLIS, MCLIP
www.markperkins.info <http://www.markperkins.info/>

https://keyserver.pgp.com/

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User Generated Content Principles
http://www.ugcprinciples.com/index.html

3. "To that end and to the extent they have not already done so, by the end
of
2007, UGC Services should fully implement commercially reasonable
Identification Technology that is highly effective, in relation to other
technologies commercially available at the time of implementation, in
achieving the goal of eliminating infringing content."

3.c. "If the Copyright Owner indicates in the applicable Reference Material
that it wishes to block user-uploaded content that matches the reference
data,
the UGC Service should use the Identification Technology to block such
matching content before that content would otherwise be made available on
its
service (=93Filtering Process=94).  The Copyright Owner may indicate in the
applicable Reference Material that it wishes to exercise an alternative to
blocking (such as allowing the content to be uploaded, licensing use of the
content or other options), in which case, the UGC Service may follow those
instructions or block the content, in its discretion."

3.d. "Copyright Owners and UGC Services should cooperate to ensure that the
Identification Technology is implemented in a manner that effectively
balances
legitimate interests in (1) blocking infringing user-uploaded content, (2)
allowing wholly original and authorized uploads, and (3) accommodating fair
use."????

3.f. " UGC Services may, at their option, utilize manual (human) review of
all
user-uploaded audio and video content in lieu of, or in addition to, use of
Identification Technology, if feasible and if such review is as effective a=
s

Identification Technology in achieving the goal of eliminating infringing
content.  If a UGC Service utilizes such manual review, it should do so
without regard to whether it has any licensing or other business
relationship
with the Copyright Owners.  Copyright Owners and UGC Services should
cooperate
to ensure that such manual review is implemented in a manner that
effectively
balances legitimate interests in (1) blocking infringing user-uploaded
content, (2) allowing wholly original and authorized uploads, and (3)
accommodating fair use. "

3.i."Copyright Owners and UGC Services should cooperate in developing
reasonable procedures for promptly addressing conflicting claims with
respect
to Reference Material and user claims that content that was blocked by the
Filtering Process was not infringing or was blocked in error."

-----Original Message-----
From: a2k-admin@lists.essential.org [mailto:a2k-admin@lists.essential.org]
On
Behalf Of Mark Perkins lists
Sent: Monday, October 22, 2007 12:19 PM
To: 'Andrea Glorioso'; 'Winston Tabb'
Cc: a2k@lists.essential.org
Subject: RE: [A2k] User Generated Content Principles

Winston/Andrea

The short answer is that it does not accomodate users fair use rights....

"In contrast, Thursday's guidelines require that sites use technology to
block
offending clips before they are posted online."

"The guidelines do not specify how liberally or conservatively the term
"fair
use" will be defined. Fair use provisions of the U.S. copyright act allow
segments of copyrighted works to be used for purposes of parody or satire o=
r

in reviews and other limited circumstances."

Media, Web Companies Set Copyright Rules
http://www.washingtonpost.com/wp-dyn/content/article/2007/10/19/AR200710190=
0
355.html
By GARY GENTILE. The Associated Press. Friday, October 19, 2007; 3:53 AM

Consortium's user-generated content principles extend far beyond fair use
http://arstechnica.com/news.ars/post/20071018-consortiums-user-generated-co=
n
tent-principles-extend-far-beyond-fair-use.html
By Eric Bangeman | Published: October 18, 2007 - 10:19PM CT

Unprincipled "Principles" for User Generated Content
http://www.publicknowledge.org/node/1230
By Sherwin Siy on October 18, 2007 - 4:41pm

Media Giants Issue Copyright Guidelines
http://www.eweek.com/article2/0,1759,2203397,00.asp?kc=3DEWRSS03119TX1K0000=
594

By Roy Mark. October 19, 2007

Mark Perkins MLIS, MCLIP
www.markperkins.info <http://www.markperkins.info/>

https://keyserver.pgp.com/

-----Original Message-----
From: a2k-admin@lists.essential.org [mailto:a2k-admin@lists.essential.org]
On
Behalf Of Andrea Glorioso
Sent: Sunday, October 21, 2007 4:49 PM
To: Winston Tabb
Cc: a2k@lists.essential.org
Subject: Re: [A2k] User Generated Content Principles

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>>>>> "Winston" =3D=3D Winston Tabb <wtabb@jhu.edu> writes:

   > Can you explain more about how this accommodates users' fair use
   > rights?

I have absolutely no idea, as I did not draft the "principles". I reported
them because I find them of interest in the context of analyzing how normal
human behaviour - everyday creativity - is framed by the "industry" in thei=
r

frantic attempts to recover from their own myopic choices.

Best,

Andrea

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