describes it, began decades before TikTok made the scene. Elder millennials remember the good old days of Napster — followed by the much worse old days of Napster being sued into oblivion along with Grokster and the rest of the P2P sharing ecosystem, until we were left with a handful of label-approved, catalog-sterilized streaming platforms like Pandora and Spotify. Three cheers for corporate copyright litigation.
Some background: in 2007, Viacom filed a billion-dollar copyright suit against YouTube, alleging that the company had encouraged its users to infringe on its programs by uploading them to YouTube. Google — which acquired YouTube in 2006 — defended itself by invoking the principles behind Betamax and notice-and-takedown, arguing that it had lived up to its legal obligations and that Betamax established that “inducement” to copyright infringement didn’t create liability for tech companies .
Once Content ID determined that a user was attempting to post a copyrighted work without permission from its rightsholder, it consulted a database to determine the rights holder’s preference. Some rights holders blocked any uploads containing audio that matched theirs; others opted to take the ad revenue generated by that video.
But it’s not just creative borrowing, remixing and transformation that filters struggle with. A lot of creative work is similar to other creative work. For example, a six-note phrase from Katy Perry’s 2013 song “Dark Horse” is effectively identical to a six-note phrase in “Joyful Noise,” a 2008 song by a much less well-known Christian rapper called Flame. Flame and Perry went several rounds in the courts, with Flame accusing Perry of violating his copyright.
It’s pretty trivial to write a filter that blocks exact matches: the labels could upload losslessly encoded pristine digital masters of everything in their catalog, and any user who uploaded a track that was digitally or acoustically identical to that master would be blocked.
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