Friday, October 13, 2006

Does Google have copyright problems with YouTube?

e-Consultancy quotes Mark Cuban on copyright issues: “I still think Google Lawyers will be a busy, busy bunch. I don’t think you can sue Google into oblivion, but as others have mentioned, if Google gets nailed one single time for copyright violation, there are going to be more shareholder lawsuits than Doans has pills to go with the pile on copyright suits that follow.”

e-Consultancy also quotes Time Warner's Dick Parsons: “You can assume we're in negotiations with YouTube and that those negotiations will be kicked up to the Google level in the hope that we can get to some acceptable position."

SearchEngineWatch notes: Of course, if that fails, it should be interesting to see if Time Warner sues a copy that has a five percent ownership stake in AOL. [AOL has a deal with Google.]

Donna Bogatin wrote on zdnet: The Google –YouTube “safe harbor” copyright infringement safety net will undoubtedly be tested via copyright infringement lawsuits. Google, however, is both fearless and ruthless in its determination to defend its “fair-use” business model in the courts at all costs.

IPBiz notes that "fair use" (17 USC 107) sets out four factors to be considered in determining whether or not a particular use is fair:

1.the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes; [Google is commercial in nature]

2.the nature of the copyrighted work;

3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and [this might depend but could easily be "all" or most of the given piece of copyrighted work]

4. the effect of the use upon the potential market for or value of the copyrighted work. [the effect would be to substantially reduce the potential market value.]


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