I think you meant me

Overall, it seems like we are on the side of this issue, but let me clarify my responses to #3 and #4

with #3 the content/rights owner would register the sources, either as individual skits or entire episodes, depending on how they want to value. The system can tell them what % was re-used and give some insight into the amount copied. Not perfect, but it allows the content owners to dismiss mashups lasting just a few seconds and rank 4 minute SNL skit reuse over Sopranos.

I agree that #4 is more problematic, but I would argue that many of the sites you mention can be grouped (streaming vs downloading) and costs estimated. By no means perfect, but rights holders have no scalable way to identify and group these today.

My point is that rights holders need an objective means to gain contextual understanding of how and where their content (not just video but text and images too) is being re-used . . . this will eliminate much of the distrust and pave the way for negotiated outcomes instead of litigated ones.

I think you’re absolutely right about the 4 fair use factors you listed above, but I disagree with your assessment of what would be involved in determining #3 and #4.

With regard to amount/substantiality, this is difficult to quantify - frames or words may be irrelevant IMO because it depends on the content. A 4 minute SNL skit or segment from the Daily Show is not the same as a 4 minute clip from say, The Sopranos. You don’t need to see every skit during an SNL episode to enjoy each of them independently, but you might not get very much use out of a single segment of The Sopranos to the extent that it might— in a segue to #4–result in lost revenue on the part of the content producer.

As far as the impact on the potential market is concerned, this is essentially impossible to establish. There are many,many video distribution platforms to consider within every country or region: linear TV, DVR viewing, on-demand viewing, DVDs, off-network syndication, theatrical release, pay cable, BitTorrent, Youtube and similar sites, Amazon, iTunes, etc etc. It is very difficult to determine the effect of a single platform on another. Do people want to streeam/consume video, or do they want to own it, or both? In other words, if you’ve seen a movie in the theater do you buy the DVD because you liked it, or refuse to buy the DVD because you’ve already seen it? Good luck quantifying that… it’s a lot more complicated than evaluating impact on PageRank!

I keep hearing. Viacom & NBC will terminate Google’s video and youtube.

Veoh should approach Google as the decision of the court will impact them all.

Its in Google interest to help Veoh and support it by any means to win this case.

Here are the 4 factors to be considered in considering fair use:

1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

Where technology can/will help . ..

#1 - Detectable- if the site is commercial or not. You can also
#2 - Subjective, but pretty intuitive and lots of precedent here
#3 - Detectable - % re-used or number of words/frames copied can be calculated.
#4 - Detectable - requires some assumptions, but there is publicly available web traffic and CPM data, not to mention research quantifying the SEO impact of being bumped down in organic search results as a result of splogger or other unauthorized use

Jon

Content creators and rights holders have earned the right to set rules of use for their content that go beyond “Fair Use”.

With few exceptions, “Fair Use” is very subjective. The industry needs tools that provide this objectivity and stimulate a marketplace where DMCA notices and litigation are last resort options.

It’s not the casette recorders or compact disc times anymore. And it will be never be again.

You’re right, the cases being litigated now are crucial in determining what level of freedom video sites have in letting their users upload and distribute content–and since NBC and Viacom’s future revenue may depend on what happens in the courts now, it’s critical for them to be a part of all this.