Google's Policy Chief on YouTube Copyright Filtering

Harvard's Berkman Center has a brief video by the head of Google Public Policy, Andrew McLaughlin on the new YouTube copyright filtering tool.

McLaughlin addresses the concerns many have raised about the automatic filtering's effect on fair use. According to him, if a fair use is flagged as infringing, YouTube/Google will "rely on communication" between the claimant and uploader. If this doesn't resolve the issue, YouTube's lawyers will "make a judgment call." This would seem to be a shift from the historic practice of courts adjudicating fair use.

But in a way, I don't know if we can blame Google. The DMCA and litigious copyright owners have placed them in this position. McLaughlin says he hopes that a sort of "common law will develop." That is, a commonly accepted set norms and practices will allow for a lower transaction cost between claimants and uploaders. Perhaps this will emerge, but it is going to need leadership. To whom shall we look?