LOS ANGELES
Larry Richard is one of the millions
to have discovered the world of YouTube,
the free website that allows people to
post, watch, and share video clips. When
he receives a link to the site, usually
via e-mail, he spends a few moments to
click and watch a clip on his computer
screen - sometimes a video of a friend's
singing recital, other times a snippet
of a foreign commercial or a monologue
from late-night TV.
"It's entertaining, it's information,
it's a community of people sharing
things," says Mr. Richard, a marketing
consultant in Santa Monica, Calif. But
is it legal, given that at least some of
what he's watching is copyrighted
material being disseminated by
individuals who clearly do not hold the
copyright?
The law on this matter is murky, and
likely to get murkier before it gets
clearer, say experts in intellectual
property law.
Several companies such as Time Warner
have been threatening YouTube with
copyright infringement lawsuits. Now
that Internet giant Google has purchased
YouTube, experts expect that the rampant
disregard of copyright law shown by
early YouTube users, at least, is likely
to get resolved - but they caution that
each successive new technology can put
early users, in particular, on nebulous
legal ground, especially if financial
profit is involved.
"As more and more technology comes
along, the legal underpinnings governing
them are not becoming clearer," says
Mark McCreary, a partner in the
Technology and Venture Finance Group of
Fox Rothschild, which handles
intellectual property cases. Increasing
ability to download video clips from
YouTube and to watch videos on iPods and
cellphones will present users with more
opportunities to violate copyright -
wittingly or unwittingly, he says.
Still, those who watch videos at
YouTube - whether or not such content is
copyrighted - are unlikely to be pursued
with the same fervor with which the
music industry prosecuted those who
downloaded music free of charge via the
file-sharing website Napster, say Mr.
McCreary and other experts.
"The very big difference between
today's YouTube and the music-sharing of
MP3 files of several years ago is that
you have to watch and you can't - absent
the knowledge of advanced hackers - copy
it for your own use," says David Axtell,
an intellectual property specialist at
the law firm Leonard, Street and Deinard
in Minneapolis. "During Napster's
heyday, people were making their own
digital copies and using them on their
own."
But concerns should be higher for
those who actually submit videos for
posting and watching, say Mr. Axtell and
others. Because copying and distributing
copyrighted material is illegal, people
who post that material on YouTube
without permission are more likely to be
held liable.
"There certainly will be more
litigation, and Google has set aside
hundreds of millions in a war chest in
recognition of this," says Kevin Parks,
a copyright specialist with the law firm
Leydig, Voit and Mayer in Chicago.
On the side of the YouTubites are
those who argue that use of such
copyrighted material falls into "fair
use" provisions of the law.
"It's up to the courts to
continually balance the rights of those
who own copyrighted material with the
need for society to adapt to emerging
technology," says
Perry Binder, assistant professor of
legal studies at Georgia State
University.
Copyright laws, which give
exclusive legal right to a writer,
editor, composer, publisher or
distributor to publish, produce, sell,
or distribute an artistic work are
unambiguous, experts say. But how many
copies of something a person may make
for personal use is far more open to
interpretation by judges and courts.
Mr. Binder says movie and TV
industries are figuring out how to
handle the more serious abuses, such as
excessive downloading by casual users,
profiting from the sale of a downloaded
video, and having a website that links
to copyrighted videos, particularly if
the Web page profits from drawing
traffic to the pages.
"These people should expect 'cease
and desist' letters from attorneys and
face the threat of a lawsuit if
copyrighted material is not taken down
immediately," says Binder.
For its part, YouTube directs users
to common-sense "Dos and Don'ts" at its
online help center. Users are asked not
to send pornography, videos of dangerous
or illegal acts (such as animal abuse or
bombmaking), violence, and to avoid the
malicious use of stereotypes.
"We ask our users to respect
copyrighted material and to only upload
videos they have made or obtained the
rights to use," says Jenny Nielsen,
marketing manager at YouTube. "Our
policy prohibits inappropriate
content.... Users can flag content they
feel is inappropriate and once it is
flagged, YouTube reviews the material
and reserves the right to remove videos
from the system."
Meanwhile, YouTube's power has
prompted content creators to see how
they can make money from the site's
content that is copyrighted. Companies
such as CBS and three major recording
companies - Universal Music Group,
Warner Music, and Sony BMG Music
Entertainment - have inked deals with
Google/YouTube to share revenues
generated by copyrighted content on the
site.
As part of an experimental "brand
channel" at the site, CBS in October
agreed to offer free video clips for
downloading. By Thanksgiving, 300 such
clips had drawn 30 million viewers. More
than 35,000 have subscribed to the free
channel and CBS claims its "Late Show
with David Letterman" now boasts 200,000
more viewers and its "Late Late Show
with Craig Ferguson" has 7 percent more
viewers.
"YouTube has not only held the
threats at bay, but also shown it can be
a revenue boon for old media," says
Chris Taylor, senior editor of Business
2.0 Magazine.