'Live streaming' on YouTube
What rights should we have over content we post online?
I read an article about a woman who engaged a record company in a court battle after a video she posted of her kid dancing to a Prince song was taken down due to copyright infringement.
She argued that it was fair use and has won the right to claim legal fees for fighting the takedown of her video.
It got me thinking about how much control we have over content once it goes online and also brought to mind a recent curious case.
A good friend and teacher of mine, Jim Tucker, experienced a YouTube takedown first-hand.
Following a radical prostatectomy to remove cancer, Jim decided to document the entire process and commit a lot of time to researching and aggregating information on this common illness.
He posted a video on YouTube of an improving stream of urine following the surgery in order to demonstrate to other men the effects and the healing process.
Not exactly fun to watch, but if you had prostate cancer, these are the kinds of things you would be seeking out.
Anyway, after a while someone complained that it breached the community guidelines, and it was removed by YouTube.
Now, I can tell you first hand you couldn't see anything private or obscene. It was simply a sight that many men see each day, aimed at showing cancer sufferers that things would improve after the surgery - a noble effort.
Searching YouTube, I was able to find several other videos in the area of prostate cancer, including this full-frontal prostate examination (remember, it's R18). So what gives?
Jim fired off a response to YouTube, questioning their action, directing them to his highly credible blog on the topic and pointing out the context, asking for it to be reinstated.
So far, there has been no response.
It seems that Jim's "live stream" was too much for one prudish viewer and the itchy censor-finger of a YouTube staffer quickly followed.
They could have at least just made the video R18 or something.
Jim went on to write a post about the accountability of new media organisations, which have no regulatory body to complain to except the courts, if you have enough cash.
Most websites have an end-user licence agreement which effectively indemnifies them from any legal action.
What do you think? Is this a justified takedown? Is this the price we pay for free online hosting? Has any of your online content been removed?
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Hmmm - tricky one. Obviously seems unfair in this instance - imagine they have a lot of videos that garner complaints though and sifting through each one and investigating would take a lot of time. At the end of the day though the thing to remember is that the content is being put onto someone else's server and into their systems.
Thanks for this post, Luke. I think it involves some key issues about media freedom and the impacts of globalisation of media. I can understand that perhaps if someone stumbled on the video in isolation (ie, not within the context of the 25,000-word blog account) they might think it prurient at worst. I did try to interest mainstream media in this story, but no takers.
My personal experience with copyright battles has been in the media before. Money wins every time.
Youtube is a hypocritical beast and this guy would be advised to set up a new account and reload his peeing video and stop fussing over it.
Having a 14 year old boy in our house I find YouTube to be a menace! The ability to look at any video no matter the rating is ludicrous and some controls should be in place. Yes as a parent I am expected to do those 'controls' but in all actuality parents are not sitting constantly supervising their children and knowing they can get access to any rated video is a big concern. I don't know how many times our 14 year old has used the whole months worth of internet service in the first two days of the month just by looking at YouTube videos.
Putting a block on the YouTube website does not solve the issue as there are many learning videos which the children are directed to see from teachers. I think there should be a separate pay site for any video above PG, that way parents have better control over what may be viewed while not standing over the child. Just making the video "R18" rated does not stop children viewing it, they want to look all the more!
Now that YouTube has been around for awhile it is time to look at changing the way it is run; and protecting our children not just our rights!
@Deb #5- It is not my problem you find the task of censoring your sons internet usage daunting, why should I have to pay for "anything above PG" (assuming there was some way of reliably rating youtube videos, hint: there isn't).
There are plenty of great software packages out there designed specifically for parents in your predicament, I put it to you that you simply have not done the research in securing your PC for your sons usage.
If your monthly bandwidth is getting used up in the first two days, maybe you need a larger plan? One, uh, with more bandwidth?
A more scary example of Youtube censorship is this: http://bit.ly/c9Gahk
Regardless of your views on this specific topic, the fact Youtube is censoring videos that directly influence political policy is very scary.
It makes Google (Youtube) look a bit hypocritical after they start talks of pulling out of China because they don't want to be a part of censorship
It's easy but inaccurate to cast this as innocent web users vs evil, censoring corporates. As George #1 has pointed out: YouTube provide s a free service. It is also a business, not a charity or public amenity.
I won't defend its decision in the case mentioned here – they made the wrong call under their terms of use. However, YouTube can be held liable for its content and is entitled to protect its ability to provide the service it does (and whatever meagre advertising revenue it does generate - which I understand isn't much given its popularity)by imposing and enforcing rules.
Unfortunately, YouTube has to deal with reactionary elements of society who want to make parenting their kids someone else's problem. I thought this mainly affected American society, but apparently this also happens here. Deb #5: It's your job to control your kids, not anyone else's, and there is plenty of software which would help you do that job. Oh, and YouTube require you to create an account and confirm your age to access R18 material. I’m assuming either you or your son has done this.
YouTube also has to stay on the right side of aggressive copyright owners with deep pockets - media congolomerates, movie studios, record labels - while negotiating the minefield of "fair use". YouTube is based in the US along with most of those copyright owners, US law is confusing and arbitrarily enforced, and breaches can generate damages woefully at odds with the harm caused. This is far different to the legal climate in New Zealand, and its hard to blame them for being cautious.
"Now that YouTube has been around for awhile it is time to look at changing the way it is run; and protecting our children not just our rights!"
Oh my god, here we go, YOUR the parent Deb! You should be controlling what your child watches and has access too, not society or You Tube. Do you job!, be a responsible parent instead of palming off your responsibilities onto others. If anything is needed it's a course on 'How to be a responsible parent'. Please find one and go.
@Deb #5: A separate pay site for videos above PG isn't going to work. If you're 14 year old wants to see it, and has unsupervised access to the internet he's probably going to find his way to a few above PG sites.
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Coincidentally the only content I have had censored on the internet was on this very blog! Yesterday! Understandable as I think my comments (along with just plain irritating the blogger) had strayed off topic. In the case of your friend Jim Tucker I think it is just an example of the price paid for a free service. I imagine YouTube censors work around the clock to remove inappropriate material with the attitude of “better safe than sorry”.