> If they no longer have a formal relationship with the
> artist and no longer have the artist's original works to
> have the Content ID system compare to
Google threatening to remove their ability to identify copyrighted music, simply because they can't negotiate the business terms they want? For future releases, sure, but for content they can currently identify, they plan to say "Nah, we're going to pretend we can't identify it any more"?That sounds like the mother of all punitive damages lawsuits waiting to happen.
Somewhere a scumbag attorney's wallet is getting warm, and he has no idea why.
Google is not obligated to provide a Content ID system; they're only obligated to make it possible for someone else to do so. So if Google wants to tie their Content ID system to their monetization system and put other restrictions on it, that's 100% ok. If you don't like their terms, you're still free to use other means to police for infringement of your content.
As for them no longer being able to identify other instances of your work after you sever the relationship with Google: once you do so, they've got no license from you that authorizes them to keep authoritative copies of your works around.
Re:What should I do about YouTube?
by 6stringmerc on Saturday January 24, 2015 @01:46AM
(#8939016)
She already pointed out that, more often than not, a sync license should be in order. YouTube is trying to claim their Content ID system usurps this right? Wow, people have accused me of hubris, but...wow...
What I find more interesting is 17 U.S.C. § 512 (i):
(1) Accommodation of technology. — The limitations on liability established by this section shall apply to a service provider only if the service provider —
(A) has adopted and reasonably implemented, and informs subscribers and account holders of the service provider's system or network of, a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical measures.
(2) Definition. — As used in this subsection, the term “standard technical measures” means technical measures that are used by copyright owners to identify or protect copyrighted works and—
(A) have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair, voluntary, multi-industry standards process;
(B) are available to any person on reasonable and nondiscriminatory terms; and
(C) do not impose substantial costs on service providers or substantial burdens on their systems or networks.
----
Thus, they don't have to provide Content ID themselves, but they have to allow for a third-party Content ID that doesn't have all the strings attached.