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In the series “algorithm regulation”, we discuss the implications of the growing importance of technological algorithms as a means of regulation in the digital realm. 

In the last entry of this series I have described how YouTube’s Content ID system effectively re-introduces registration requirements into copyright, even though international treaties such as the Berne Convention forbid such requirements. With its most recent additions to YouTube’s rights management infrastructure, YouTube owner Google brings the former’s rights clearing services to a whole new level.

Previously, creators using copyrighted material such as contemporary pop music in one of their videos could only try to upload their videos and hope for the best (i.e. no recognition by the Content ID algorithm) or the second best (i.e. recognition by the Content ID algorithm but acceptance/monetization by rights holders). In any case, creators could only definitely know after making and uploading a video whether and how YouTube’s algorithms would react.

In a recent blog post, YouTube has announced substantial changes to this system:

But until now there was no way to know what would happen if you used a specific track until after you hit upload. Starting today, you can search the YouTube Audio Library to determine how using a particular track in your video will affect it on YouTube, specifically if it will stay live on YouTube or if any restrictions apply. You can uncross those uploading fingers now!

Read the rest of this entry »

In the series “algorithm regulation”, we discuss the implications of the growing importance of technological algorithms as a means of regulation in the digital realm. 

The most important international copyright treaty, the Berne Convention for the Protection of Literary and Artistic Works, is quite clear with regard to registration requirements for copyright protection in its Article 5 (2)

“The enjoyment and the exercise of these rights shall not be subject to any formality”

copyright-symbol

The copyright symbol in Arial

In other words, for the 168 countries covered by the Berne Convention, registration provisions are not an option.* In the digital era, this ban is unfortunate for a number of reasons: Read the rest of this entry »

The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
November 2019
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