Content ID

In 2007, YouTube implemented a content identification system to better enforce copyright. This Content ID system is made up of the Audio ID system, which identifies audio that belongs to certain parties, and the Video ID system, which does the same thing for video. Copyright owners upload “reference” files to YouTube, and if a match is made, the copyright owner’s chosen method (muting it, blocking it, letting it remain, etc.) determines what is done with the video.

This video distributed by YouTube explains the Content ID process in more detail:

This idea sounds good in theory (YouTube can be better equipped to identify copyrighted material and avoid legal troubles, and companies/individuals can each pick what’s best for them, rather than having every video blocked for copyright infringement), but the system is far from perfect. Because it is focused solely on the copyright aspect (if it matches, you are automatically in the wrong) users‘ creative efforts and ability to express themselves is suppressed. The video you have posted of your students performing a new exercise routine, a fanvid you have edited of your favorite television show, a video of your sister covering a popular song; all of these examples are likely to be identified, and so, are in danger of being blocked. Some material is immediately blocked everywhere, some is blocked in certain countries, some is identified but left alone; it depends on what the copyright owner chooses.

“Fair use” of copyrighted materials does not seem to matter to YouTube and copyright owners. If content matches, it is automatically infringing on someone’s copyright. It does not matter if it IS actually using the material as you would think is acceptable from the fair use legislation. Someone uploading a copyrighted movie or song is treated the same as someone who has created a clever parody or other derivative work; these are not simply copying the original work, but changing them into a new creative work. Common sense and intent is important in determining fair use, but as you might expect, the Content ID system is not able to tell the difference.

This recreation of Laura Bell Bundy’s "Giddy On Up" video is clearly a different matter entirely than someone just uploading the track off of their CD; time, effort, and thought were clearly put into recreating the original work into something new. This spoof of the Jonas Brother’s “Paranoid” music video is another similar example.