Tag Archives: Youtube

Radical copyright reform proposal in the European Union

It seems the impulse to maximize copyright control has overtaken European Union officials. A Sept. 14, 2016 news item on phys.org lays out a few details,

The EU will overhaul copyright law to shake up how online news and entertainment is paid for in Europe, under proposals announced by European Commission chief Jean-Claude Juncker Wednesday [Sept. 14, 2016].

Pop stars such as Coldplay and Lady Gaga will hail part of the plan as a new weapon to bring a fair fight to YouTube, the Google-owned video service that they say is sapping the music business.

But the reform plans have attracted the fury of filmmakers and start-up investors who see it as a threat to European innovation and a wrong-headed favour to powerful media groups.

A Sept. 14, 2016 European Commission press release provides the European Union’s version of why more stringent copyright is needed,

“I want journalists, publishers and authors to be paid fairly for their work, whether it is made in studios or living rooms, whether it is disseminated offline or online, whether it is published via a copying machine or commercially hyperlinked on the web.”–President Juncker, State of the Union 2016

On the occasion of President Juncker’s 2016 State of the Union address, the Commission today set out proposals on the modernisation of copyright to increase cultural diversity in Europe and content available online, while bringing clearer rules for all online players. The proposals will also bring tools for innovation to education, research and cultural heritage institutions.

Digital technologies are changing the way music, films, TV, radio, books and the press are produced, distributed and accessed. New online services such as music streaming, video-on-demand platforms and news aggregators have become very popular, while consumers increasingly expect to access cultural content on the move and across borders. The new digital landscape will create opportunities for European creators as long as the rules offer legal certainty and clarity to all players. As a key part of its Digital Single Market strategy, the Commission has adopted proposals today to allow:

  • Better choice and access to content online and across borders
  • Improved copyright rules on education, research, cultural heritage and inclusion of disabled people
  • A fairer and sustainable marketplace for creators, the creative industries and the press

Andrus Ansip, Vice-President for the Digital Single Market, said: “Europeans want cross-border access to our rich and diverse culture. Our proposal will ensure that more content will be available, transforming Europe’s copyright rules in light of a new digital reality. Europe’s creative content should not be locked-up, but it should also be highly protected, in particular to improve the remuneration possibilities for our creators. We said we would deliver all our initiatives to create a Digital Single Market by the end of the year and we keep our promises. Without a properly functioning Digital Single Market we will miss out on creativity, growth and jobs.

Günther H. Oettinger, Commissioner for the Digital Economy and Society, said: “Our creative industries [emphasis mine] will benefit from these reforms which tackle the challenges of the digital age successfully while offering European consumers a wider choice of content to enjoy. We are proposing a copyright environment that is stimulating, fair and rewards investment.”

Today, almost half of EU internet users listen to music, watch TV series and films or play games online; however broadcasters and other operators find it hard to clear rights for their online or digital services when they want to offer them in other EU countries. Similarly, the socio-economically important sectors of education, research and cultural heritage too often face restrictions or legal uncertainty which holds back their digital innovation when using copyright protected content, including across borders. Finally, creators, other right holders and press publishers are often unable to negotiate the conditions and also payment for the online use of their works and performances.

Altogether, today’s copyright proposals have three main priorities:

1. Better choice and access to content online and across borders

With our proposal on the portability of online content presented in December 2015, we gave consumers the right to use their online subscriptions to films, music, ebooks when they are away from their home country, for example on holidays or business trips. Today, we propose a legal mechanism for broadcasters to obtain more easily the authorisations they need from right holders to transmit programmes online in other EU Member States. This is about programmes that broadcasters transmit online at the same time as their broadcast as well as their catch-up services that they wish to make available online in other Member States, such as MyTF1 in France, ZDF Mediathek in Germany, TV3 Play in Denmark, Sweden and the Baltic States and AtresPlayer in Spain. Empowering broadcasters to make the vast majority of their content, such as news, cultural, political, documentary or entertainment programmes, shown also in other Member States will give more choice to consumers.

Today’s rules also make it easier for operators who offer packages of channels (such as Proximus TV in Belgium, Movistar+ in Spain, Deutsche Telekom’s IPTV Entertain in Germany), to get the authorisations they need: instead of having to negotiate individually with every right holder in order to offer such packages of channels originating in other EU Member States, they will be able to get the licenses from collective management organisations representing right holders. This will also increase the choice of content for their customers.

To help development of Video-on-Demand (VoD) offerings in Europe, we ask Member States to set up negotiation bodies to help reach licensing deals, including those for cross-border services, between audiovisual rightholders and VoD platforms. A dialogue with the audiovisual industry on licensing issues and the use of innovative tools like licensing hubs will complement this mechanism.

To enhance access to Europe’s rich cultural heritage, the new Copyright Directive will help museums, archives and other institutions to digitise and make available across borders out-of commerce works, such as books or films that are protected by copyright, but no longer available to the public.

In parallel the Commission will use its €1.46 billion Creative Europe MEDIA programme to further support the circulation of creative content across borders . This includes more funding for subtitling and dubbing; a new catalogue of European audiovisual works for VoD providers that they can directly use for programming; and online tools to improve the digital distribution of European audiovisual works and make them easier to find and view online.

These combined actions will encourage people to discover TV and radio programmes from other European countries, keep in touch with their home countries when living in another Member State and enhance the availability of European films, including across borders, hence highlighting Europe’s rich cultural diversity.

2. Improving copyright rules on research, education and inclusion of disable [sic] people

Students and teachers are eager to use digital materials and technologies for learning, but today almost 1 in 4 educators encounter copyright-related restrictions in their digital teaching activities every week. The Commission has proposed today a new exception to allow educational establishments to use materials to illustrate teaching through digital tools and in online courses across borders.

The proposed Directive will also make it easier for researchers across the EU to use text and data mining (TDM) technologies to analyse large sets of data. This will provide a much needed boost to innovative research considering that today nearly all scientific publications are digital and their overall volume is increasing by 8-9% every year worldwide.

The Commission also proposes a new mandatory EU exception which will allow cultural heritage institutions to preserve works digitally, crucial for the survival of cultural heritage and for citizens’ access in the long term.

Finally, the Commission is proposing legislation to implement the Marrakesh Treaty to facilitate access to published works for persons who are blind, have other visual impairments or are otherwise print disabled. These measures are important to ensure that copyright does not constitute a barrier to the full participation in society of all citizens and will allow for the exchange of accessible format copies within the EU and with third countries that are parties to the Treaty, avoiding duplication of work and waste of resources.

3. A fairer and sustainable marketplace for creators and press

The Copyright Directive aims to reinforce the position of right holders to negotiate and be remunerated for the online exploitation of their content on video-sharing platforms such as YouTube or Dailymotion. Such platforms will have an obligation to deploy effective means such as technology to automatically detect songs or audiovisual works which right holders have identified and agreed with the platforms either to authorise or remove.

Newspapers, magazines and other press publications have benefited from the shift from print to digital and online services like social media and news aggregators. It has led to broader audiences, but it has also impacted advertising revenue and made the licensing and enforcement of the rights in these publications increasingly difficult.The Commission proposes to introduce a new related right for publishers, similar to the right that already exists under EU law for film producers, record (phonogram) producers and other players in the creative industries like broadcasters.

The new right recognises the important role press publishers play in investing in and creating quality journalistic content, which is essential for citizens’ access to knowledge in our democratic societies. As they will be legally recognised as right holders for the very first time they will be in a better position when they negotiate the use of their content with online services using or enabling access to it, and better able to fight piracy. This approach will give all players a clear legal framework when licensing content for digital uses, and help the development of innovative business models for the benefit of consumers.

The draft Directive also obliges publishers and producers to be transparent and inform authors or performers about profits they made with their works. It also puts in place a mechanism to help authors and performers to obtain a fair share when negotiating remuneration with producers and publishers. This should lead to higher level of trust among all players in the digital value chain.

Towards a Digital Single Market

As part of the Digital Single Market strategy presented in May 2015, today’s proposals complement the proposed regulation on portability of legal content (December 2015), the revised Audiovisual Media and Services Directive, the Communication on online platforms (May 2016). Later this autumn the Commission will propose to improve enforcement of all types of intellectual property rights, including copyright.

Today’s EU copyright rules, presented along with initiatives to boost internet connectivity in the EU (press releasepress conference at 15.15 CET), are part of the EU strategy to create a Digital Single Market (DSM). The Commission set out 16 initiatives (press release) and is on the right track to deliver all of them the end of this year.

While Juncker mixes industry (publishers) with content creators (journalists, authors), Günther H. Oettinger, Commissioner for the Digital Economy and Society clearly states that ‘creative industries’ are to be the beneficiaries. Business interests have tended to benefit disproportionately under current copyright regimes. The disruption posed by digital content has caused these businesses some agony and they have responded by lobbying vigorously to maximize copyright. For the most part, individual musicians, authors, visual artists and other content creators are highly unlikely to benefit from this latest reform.

I’m not a big fan of Google or its ‘stepchild’, YouTube but it should be noted that at least one career would not have existed without free and easy access to videos, Justin Bieber’s. He may not have made a penny from his YouTube videos but that hasn’t hurt his financial picture. Without YouTube, he would have been unlikely to get the exposure and recognition which have in turn led him to some serious financial opportunities.

I am somewhat less interested in the show business aspect than I am in the impact this could have on science as per section (2. Improving copyright rules on research, education and inclusion of disable [sic] people) of the European Commission press release. A Sept. 14, 2016 posting about a previous ruling on copyright in Europe by Mike Masnick for Techdirt provides some insight into the possible future impacts on science research,

Last week [Sept. 8, 2016 posting], we wrote about a terrible copyright ruling from the Court of Justice of the EU, which basically says that any for-profit entity that links to infringing material can be held liable for direct infringement, as the “for-profit” nature of the work is seen as evidence that they knew or should have known the work was infringing. We discussed the problems with this standard in our post, and there’s been a lot of commentary on what this will mean for Europe — with a variety of viewpoints being expressed. One really interesting set of concerns comes from Egon Willighagen, from Maastricht University, noting what a total and complete mess this is going to be for scientists, who rarely consider the copyright status of various data as databases they rely on are built up …

This is, of course, not the first time we’ve noted the problems of intellectual property in the science world. From various journals locking up research to the rise of patents scaring off researchers from sharing data, intellectual property keeps getting in the way of science, rather than supporting it. And that’s extremely unfortunate. I mean, after all, in the US specifically, the Constitution specifically says that copyrights and patents are supposed to be about “promoting the progress of science and the useful arts.”

Over and over again, though, we see that the law has been twisted and distorted and extended and expanded in such a way that is designed to protect a very narrow set of interests, at the expense of many others, including the public who would benefit from greater sharing and collaboration and open flow of data among scientific researchers. …

Masnick has also written up a Sept. 14, 2016 posting devoted to the EU copyright proposal itself,

This is not a surprise given the earlier leaks of what the EU Commission was cooking up for a copyright reform package, but the end result is here and it’s a complete disaster for everyone. And I do mean everyone. Some will argue that it’s a gift to Hollywood and legacy copyright interests — and there’s an argument that that’s the case. But the reality is that this proposal is so bad that it will end up doing massive harm to everyone. It will clearly harm independent creators and the innovative platforms that they rely on. And, because those platforms have become so important to even the legacy entertainment industry, it will harm them too. And, worst of all, it will harm the public greatly. It’s difficult to see how this proposal will benefit anyone, other than maybe some lawyers.

So the EU Commission has taken the exact wrong approach. It’s one that’s almost entirely about looking backwards and “protecting” old ways of doing business, rather than looking forward, and looking at what benefits the public, creators and innovators the most. If this proposal actually gets traction, it will be a complete disaster for the EU innovative community. Hopefully, Europeans speak out, vocally, about what a complete disaster this would be.

So, according to Masnick not even business interests will benefit.

DARPA/Google and Regina Dugan

One of my more recent (Nov. 22, 2011) postings on DARPA (Defense Advanced Research Projects Agency) highlighted their entrepreneurial focus and the person encouraging that focus, agency director Regina Dugan. Given that she’s held the position for roughly 2.5 years, I was surprised to see that she has left to joint Google. From the Mar.13, 2012 news item on physorg.com,

Google on Monday [March 12, 2012] confirmed that Defense Advanced Research Projects Agency chief Regina Dugan is taking a yet-to-be-revealed role at the Internet powerhouse.

Dugan’s Wikipedia entry has already been updated,

Regina E. Dugan was the 19th Director of Defense Advanced Research Projects Agency (DARPA). She was appointed to that position on July 20, 2009. In March 2012, she left her position to take an executive role at Google. She was the first female director of DARPA.

Much of her working career (1996-2012) seems to have been spent at DARPA. I don’t think I’m going to draw too many conclusions from this move but I am intrigued especially in light of an essay about a departing Google employee, James Whitaker. From Whitaker’s March 13, 2012 posting on his JW on Tech blog,

The Google I was passionate about was a technology company that empowered its employees to innovate. The Google I left was an advertising company with a single corporate-mandated focus.

Technically I suppose Google has always been an advertising company, but for the better part of the last three years, it didn’t feel like one. Google was an ad company only in the sense that a good TV show is an ad company: having great content attracts advertisers.

He lays out the situation here,

It turns out that there was one place where the Google innovation machine faltered and that one place mattered a lot: competing with Facebook. Informal efforts produced a couple of antisocial dogs in Wave and Buzz. Orkut never caught on outside Brazil. Like the proverbial hare confident enough in its lead to risk a brief nap, Google awoke from its social dreaming to find its front runner status in ads threatened.

Google could still put ads in front of more people than Facebook, but Facebook knows so much more about those people. Advertisers and publishers cherish this kind of personal information, so much so that they are willing to put the Facebook brand before their own. Exhibit A: www.facebook.com/nike, a company with the power and clout of Nike putting their own brand after Facebook’s? No company has ever done that for Google and Google took it personally.

Larry Page himself assumed command to right this wrong. Social became state-owned, a corporate mandate called Google+. It was an ominous name invoking the feeling that Google alone wasn’t enough. Search had to be social. Android had to be social. You Tube, once joyous in their independence, had to be … well, you get the point.  [emphasis mine] Even worse was that innovation had to be social. Ideas that failed to put Google+ at the center of the universe were a distraction.

That point about YouTube really strikes home as I’ve become quite dismayed with the advertising on the videos. The consequence is that I’m starting to search for clips on Vimeo first as it doesn’t have intrusive advertising.

Getting back to Whitaker, he notes this about Google and advertising,

The old Google made a fortune on ads because they had good content. It was like TV used to be: make the best show and you get the most ad revenue from commercials. The new Google seems more focused on the commercials themselves.

It’s interesting to contrast Whitaker’s take on the situation, which suggests that the company has lost its entrepreneurial spirit as it focuses on advertising, with the company’s latest hire, Regina Dugan who seems to have introduced entrepreneurship into DARPA’s activities.

As for the military connection (DARPA is US Dept. of Defense agency), I remain mindful that the military and the intelligence communities have an interest in gathering data but would need something more substantive than a hiring decision to draw any conclusions.

For anyone who’s interested in these types of queries, I would suggest reading a 2007 posting, Facebook, the CIA, and You on the Brainsturbator blog, for a careful unpacking of the connections (extremely tenuous) between Facebook and the CIA (US Central Intelligence Agency). The blog owner and essayist, Jordan Boland, doesn’t dismiss the surveillance concern; he’s simply pointing out that it’s difficult to make an unequivocal claim while displaying a number of intriguing connections between agencies and organizations.

YouTube unleashes five science channels

Friday, November 11, 2011 (Remembrance Day), YouTube unleashed 100 new TV channels. From Rob Waugh’s Oct. 31, 2011 article for the Daily Mail,

YouTube is to take a dramatic step away from its roots as a user-generated video site – launching 100 new professionally produced TV channels in partnership with stars such as Madonna and Ashton Kutcher.

The channels will roll out from this autumn, and will be free of charge, supported by Google’s advertising system.

The move is designed to turn YouTube – already available via many internet TVS – into a rival to cable and satellite TV channels.

In addition to the celebrity-driven channels, YouTube is also launching a number of science channels. From the James Grime Nov. 11, 2011 posting on the Guardian science blogs,

Google is investing in education and science, with five new YouTube channels dedicated to mathematics, astronomy, chemistry, physics – and spectacular demonstrations.

The five channels will be hosted by Brady Haran, Numberphile (mathematics and mathematicians) and Deep Sky (astronomy); Hank and John Green (brothers and vloggers) each with one science channel  (Grime was not able to offer details); and Steve Spangler, well-known for his coke and mentos experiment, and the director of National Hands-on Science Institute in the US .

I’m glad to see the interest in science and a little sorry to observe the lack of female-hosted science channels. For the record, I think the lack of female involvement is due to the fact that very few women have created science-oriented video channels and I believe it’s time to change that.

Space contest for teenagers

I caught this Oct. 10, 2011 news item (Google and Hawking seek space mad teenagers) on the BBC News website,

YouTube has enlisted the help of Prof Stephen Hawking in the hunt for budding young scientists.

The site – which is owned by Google – is launching a competition for teenagers to create an experiment that could be carried out in space.

Two winning ideas will be tested by the crew of the International Space Station.

Ravi Mandalla’s Oct. 11, 2011 article for ITProPortal provides more detail,

The competition, titled YouTube Space Lab, will allow students aged between 14 to 18 years to submit a 2 minute proposal on YouTube. The entries will be reviewed by a panel of judges comprising of astronauts, NASA scientists and Stephen Hawking. The winners will see their experiment streamed live from space as the astronauts perform it on the space station.

The BBC News item offers  a more complete list of the judging panel,

Alongside Prof Hawking, the judging panel consists of former Astronauts Leland Melvin, Frank De Winne, Akihiko Hoshide and noted “space tourist” Guy Laliberté. [emphasis mine]

Guy Laliberté, space tourist, is also the Chief Executive Officer for the Cirque du Soleil (founded in Québec, Canada). Professor Hawking also has a Canadian connection, he holds the position of Distinguished Research Chair at the Perimeter Institute (news release announcing Hawking’s appointment), located in Ontario, Canada.

Getting back to the contest, here’s how Google describes the contest (from the YouTube Space Lab contest webpage,

Your experiment, 250 miles above Earth, for the world to see.
What will you do?

We’re asking you to come up with a science experiment for space and upload a video explaining it to YouTube. If your idea wins, it will be performed on the International Space Station and live streamed on YouTube to the world. And we’ll throw in some out-of-this-world prizes, too.

Can plants survive beyond the Earth? Could proteins in space reveal the mysteries of life? Science in micro gravity can help unlock the answers. The countdown’s begun.

Good luck!

ETA Oct. 13, 2011: There’s an Oct. 11, 2011 article about this contest, which includes more information and a video, by Nidhi Subbaraman for Fast Company,

The lucky teenagers who win will have their experiments flown into space, carried on board an ISS-bound rocket, and could find themselves catapulted into YouTube stardom. Their winning entries will earn a joyride to the International Space Station, where astronauts will perform their experiment while being live-streamed on YouTube. It doesn’t end there. They’ll get to pick between one of two grand prizes: a trip to Japan in summer 2012 to see their experiment take off, or, when they turn 18, a chance to participate in the astronaut training program at Russia’s Star City. The four other regional finalists will be given a Zero-G ride, courtesy of Space Adventures, and laptops from Lenovo.

NISE Net’s Youtube channel

Dexter Johnson at his Nanoclast blog noted in an October 13, 2010 posting that NISE Net (Nanoscale Informal Science Education Network) has placed a number of nanotechnology-related videos on its own Youtube channel. From the Nanoclast posting,

I haven’t really looked at a wide variety of videos that NISE has collected, but the ones that come from a DVD NISE Network produced called “Talking Nano” contains some real gems. In particular, I enjoyed a seminar George Whitesides gave educators and journalists back in 2007 at the Museum of Science in Boston on what they should know and consider important when relating the subject of nanotechnology either to their students or their audience.

Whitesides, of course, is a renowned scientist at Harvard University, and someone who I’ve come to appreciate for his unique perspectives on how nanotechnology will develop.

Dexter features part 1 of the Whitesides interview which he recommends. I haven’t had time to check the video out yet, although based on the pleasure of seeing some of Whitesides’ collaborative work with Felice Frankel in book form, I too would recommend it.