Kembrew McLeod, a professor at the University of Iowa and author of several books on copyright and culture, including Creative License and Freedom of Expression, said that the so-called copyright “bots” don’t have the ability to take fair use into account. In the case of the Hugo Awards, the takedown was apparently triggered by footage of an episode of Doctor Who being shown immediately before Gaiman accepted an award for his work on Doctor Who — a scenario which implies fair use, even if the clips hadn’t been cleared ahead of time.
“The most important issue on the table is the fact that these technologies do an end run around fair use,” McLeod said in a phone interview with Wired. “Fair use still exists in the books, in legal theory, but fair use does not exist in practice in a world where companies that are relying on these databases of copyrighted works can immediately shut off the public’s access.”
"U.S. copyright law, as modified by the1998 Digital Millennium Copyright Act, doesn’t require sites that host user-created content to preemptively patrol for copyright violations.
The Algorithmic Copyright Cops: Streaming Video’s Robotic Overlords | Threat Level | Wired.com
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