German 'Upload Filter' Law Sets Standards To Prevent Overblocking 31
AmiMoJo writes: The German Parliament has adopted new legislation that will implement the EU Copyright Directive into local law. This includes the controversial Article 17 that, according to some, would lead to overbroad upload filters. To deal with these concerns, the German law prevents 'minor' and limited use of copyrighted content from being blocked automatically. These 'presumably authorized' uploads should not be blocked automatically if they qualify for all of the selection criteria below:
1. The upload should use less than 50% of the original copyrighted work
2. The upload must use the copyrighted work in combination with other content
3. The use should be 'minor'
The term 'minor' applies to non-commercial uses of fewer than 15 seconds of video or audio, 160 characters of text, or 125 kB of graphics. If the use of a copyrighted work exceeds these 'minor' thresholds, it can still qualify as 'presumably authorized' when the uploader flags it as an exception.
1. The upload should use less than 50% of the original copyrighted work
2. The upload must use the copyrighted work in combination with other content
3. The use should be 'minor'
The term 'minor' applies to non-commercial uses of fewer than 15 seconds of video or audio, 160 characters of text, or 125 kB of graphics. If the use of a copyrighted work exceeds these 'minor' thresholds, it can still qualify as 'presumably authorized' when the uploader flags it as an exception.
Re: (Score:2)
A 1080x1920 black and white photograph, uncompressed, is about 253K. 50% of that would be just a bit over the 125KB graphic limit. Is there some reason you think that a B&W photograph would not qualify for copyright?
The 'Happy Birthday To You' song (now out of copyright) ran about 10 seconds.
There are about a zillion commercial jingles, etc, all protected by copyright, that are under 15 seconds long.
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As I see it there should be some quality restrictions too because many shops runs background music even outside their stores and that in turn can trig the filters as well for live streamers out there for a completely different purpose.
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While its possible to call low quality reproduction a vector of copyright infringement, its certainly at best still uncomfortably close to the edges of what is understood to be the spirit of copyright law, which is to protect the authors ability to themselves profit commercially.
Its unclear how exactly it is that low quality incidental reproductions, especially partial ones, endanger an authors ability to profit commercially, especially when the author should already have prof
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Presumably (I'm not german and don't have the context)
> 1. The upload should use less than 50% of the original copyrighted work
50% is a bit vague, 50% of an image, so if I convert a full body image into a bust that is cropped at the breasts and head, that's 50%? What if someone copies 50% of that?
Likewise, 50% of an audio clip can literately rip the "heart" out of it. For example the rickroll is only about 10 seconds of an otherwise 3 minute audio clip.
50% of a video game footage? Well that's an issue si
Just bad law to filter more (Score:2)
Instant FAIL (Score:3)
There is no algo that will fit the actual copyright laws. I can't wait (ha ha) to see the details of the appeal process for this one.
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It's not a bad attempt. Obviously the file size for images is pointless, just move that quality slider down a bit. But the basic principle, that people have clear rules and can self certify stuff for fair use if it doesn't fit those rules, seems good.
One of the biggest issues with YouTube is that it doesn't have a way to flag things up front as fair use. It has to get hit first and then appealed. Should be the other way around.
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YouTube is a US company. In the US, nothing is fair use until a court says it is. You don't just get to slap a 'fair use' label on something.
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YouTube has a subsidiary in Germany. German laws apply.
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None of those things have anything at all to do with fair use. The law describes what copyright infringrement is, and surpise! none of the stupid shit you wrote applies.
Re:Instant FAIL (Score:4, Insightful)
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Copying without permission is prohibited. You do know that, right? Fair use MAY be an exception to that prohibition. The exception is certainly not the default.
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I don't see how this law is going to make anything better. Those that do it illegally and know it are going to do it anyway. An those that do it unknowingly are going to do it anyway because they don't' know any better.
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A lot of stuff gets wrongly blocked on YouTube because it doesn't have any concept of fair use. This means they have to consider fair use and in some cases assume it by default. Users can also self certify and then it's up to copyright holders to complain.
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This smacks a lot of the DMCA to me. An we know how well that worked out.
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DMCA is what it's fixing. With DMCA they take it down first and you have to fight it. In fact it doesn't even get that far, the moment you upload it Content ID hits you with a dozen matches before it's even live.
The German rules give a presumption of innocence when the Content ID bot gets a match.
This upload "filter"... (Score:1)
Does it inspect encrypted files too? Or does it just prohibit them?
It ain't broke; stop trying to fix it (Score:2)
The Internet is fine.
Working as designed, and has totally transformed humanity's ability to work & share information in just a decade or two.
So leave it alone.
Content creators have demonstrated that they're more than capable of monetizing their work, and indeed earning a very good living out of it...yes, on the very same platform that bought and paid for lobbyists and politicos say needs to be castrated.
Fuck those guys.
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What about DMCA? They have no problem taking down anything outside the US.
automatic filters? (Score:2)
How often do little people who don't have corporate resources get their material blocked because of an incomplete and ill-functioning algorithm? Is there any practical effect if you file a complain or are you out of luck.
Because any one of us could create a copyrighted work. It's not some magical power that only belongs to the anointed. Yet unlike us little people the full force of the government is behind big organizations and big corporations. I don't care if it's Germany or France or the US. There is som
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Is there any practical effect if you file a complain
You might make it worse.
"Adopted ... into local law". Thank you very much. (Score:1)
Re: "Adopted ... into local law". Thank you very m (Score:2)