December 21, 2006
YouTube & JASRAC - The Real Story
Posted by Devin
There’s a bit of confusion on the YouTube - JASRAC discussion.
Earlier this week, JASRAC written to YouTube asking for a preliminary screening system for video clips and a series of provisional measures, including posting messages in Japanese about “illegal uploads”. A screening system (to catch AMV’s and fansubbers?) would prevent copyrightable material from being posted. They also want (1) additional copyright warnings on the frontpage; (2) “[r]egister the names and addresses of those users making uploads and to keep such records” (that’s real physical addresses, not IP addresses) (3) terminate users who uploaded the 30,000 videos that were deleted in October.
However, Ars Technica has some interesting comments on the matter:
We haven’t seen more of this kind of thing in the US because the DMCA provides a “safe harbor” to sites like YouTube that allow users to create and upload content. So long as they remove infringing material promptly after receiving a takedown notice, they are generally in the clear.
According to Chosaq, Japan also has a similar safe-harbor exception to the US - DMCA Act.
In an effort to prevent more controversy, the YouTube founders have traveled to Japan to meet with JASRAC. Many people felt Youtube’s policy of “post first, remove in infringing” would be challenged by traditional American entertainment companies. For now, they’re work with YouTube for a slice of the advertising stream.
Side note: JASRAC wants the copyright notices in Japanese on the home page, signaling that they feel a certain % of the Japanese population are watching our postings. Clearly, the days of ‘regionless’ video are moving ahead, whether the studios want it or not.
Credit: Chosaq, Ars Technica
Filed To: Distribution / Over in Asia / Digital / Licensing
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