In Chapter 5 of Free Culture, Lawrence Lessig lays out anecdotes and archetypes of all manner of piracy.  The duplication of copyrighted CDs and DVDs in foreign markets is touched upon, but one of the main salient points is his defense of Peer-to-Peer file sharing networks, the groundbreaking networks and servers which made Section 512 absolutely necessary and the rulings on which still protect YouTube from harm.

    One of Lessig’s major talking points is his attribution of the four archetypal uses of P2P networking: stealing music, sampling music before buying, access to abandonware or other copyrighted content that is no longer available by traditional means, and those who search for content that has no copyright or a Creative Commons license and is meant to be shared.

    This is a highly utopian view of both P2P networking and the internet, but at the very least interesting to consider.  Lessig goes on to discuss drops in CD sales and later Jack Valenti’s ridiculous claims about VCRs as “tapeworms,” just waiting to drive the industry down.  If anything, the VCR and file-sharing networks both paved the way for the kind of content generation and also server networks that my final project will use and draw attention to.

    This section of US Copyright law outlines violations of copyright-managed systems, such as bypassing digital rights management and producing a copy of a video in another format.  This makes it illegal for consumers to bypass encryption that restricts content, for instance, to one device for purposes of moving the same content to another.  The law also includes information on the Librarian of Congress’ selection of a class of bypassable works, exemption for educational institutions, and what construes technological violation of copyright encryption.

    Section 1201 also states that no outstanding violations of this section will hinder a defendant’s fair use argument.

    This section of US Copyright law is particularly salient as in order to create my project, I will be bypassing both DVD encryption codes and any DRM embedded into the music used for the piece.

    These are both clear violations of Section 1201.  However, were my project ever to come under copyright scrutiny, I would hope to find protection under this violation being carried out within an academic institution, for purposes of parody, and creating a transformative video which falls neatly under fair use exemption.

    This is also important because for the vast majority of videos on YouTube that contain copyrighted content owned by major corporations, that content has been captured from a source which implemented digital rights management, and thus the uploaders have infringed upon Section 1201.

Thesis: This project explores the increasingly important relation of digital and remix/convergence culture to copyright law and copyright holders, specifically with regards to how video and sound properties are handled in the highly open market of the internet. As a creative submission, I will create a mash-up video parody featuring copyrighted content from Apple Corps., Vivendi Universal, and Buena Vista Pictures. My supporting paper will detail the copyright violations that were necessary for the creation of the work, as well as discussion of whether and why the work should be seen as "fair use" and the ways in which our current cultural paradigm calls for a system within which creations in the same class of works can be made without the violation of the Digital Millennium Copyright Act.

Arguments:(1) If laws are in place which protect works which are transformative in nature or fall under other fair use or parody guidelines, a system should be established by which consumers can legally transform their media without having to violate the DMCA by bypassing digital rights management encryption. (2) Our culture is in a transitional state, as technology is making the process of parody and other fair uses increasingly democratic. (3) The creative project itself will be a parody of Hollywood tropes and practices, which are becoming increasingly less dominant in the new age of user-generated content. Fittingly, the final project will be posted on media and netroots darling YouTube to make the commentary complete.

    This press release from YouTube briefly details their partnership with Universal Music Group (UMG), subsidiary of Vivendi Universal.  In this groundbreaking strategic partnership, UMG agrees to make music videos whose rights they own viewable on YouTube.  It also allows for YouTube users to utilize music from UMG’s extensive catalogs in their videos.  In turn, YouTube agrees to remove from their site any content owned by UMG which they choose not to make available, and UMG and its artists will be compensated by YouTube for their properties being viewed on the site.

    The document makes mention of the nature of the partnership: that is, a way for UMG to tap into the vast resource internet traffic, a way to assure that YouTube remains devoted to protecting their property, and lastly an embrace of contemporary convergence culture and the new consumer/prosumer drive towards user-generated content.

    This is an interesting deal, especially considering the rampant speculation of YouTube running into problems with UMG just a month before this announcement and how, in the midst of the YouTube deal, UMG sued two other video sharing networks.

    I reference this announcement because it, as well as YouTube’s agreement with Warner Music Group (which preceded this partnership) are primary evidence of a growing trend towards adoption of user-generated content models, and the willingness of media giants to begin the slow process of loosing content restrictions without direct payment by the consumer.

    I reference specifically the Universal Music Group rather than the earlier Warner announcement because segments from my project will include property (video) that is owned by Vivendi Universal.  While this announcement does not in any way justify the posting of my project on YouTube as a legal action, the existence of a link between the two companies is of note, and hopefully a sign that should property agreements expand, the video included in my project will one day be YouTube-licensed (keeping in mind that this is not likely, as the project will contain copyrighted material from additional companies.