YouTube Remixers & Small Statutory Offenders in Focus

YOUTUBER_ICONBy Andrew H. Fuller

There is little doubt that YouTube content creators have been causing waves in the copyright world since its inception. For example, in 2009, YouTube started to mute the audio tracks of any videos or streams posted by users that contained unauthorized copyrighted music. Another common and popular genre of YouTube content is remixes, where YouTube artists create content by altering and sampling from existing, copyright protected content. Most YouTube content creators are unaware and unconcerned about copyright laws or infringement claims until YouTube cracks down on them. Those who are vaguely familiar often assume that their use is within the bounds of Copyright’s Fair Use exception. Given the general (mis)understanding around Fair Use and the courts’ treatment and application of this exception, the Lanham Act would seem ripe for an update. While the technological landscape of media dissemination and user consumption has radically shifted, the laws around copyright haven’t changed. Continue reading