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ARTICLE · 15 JUNE 2016

Music Industry Rocks The Copyright Boat

Aird & Berlis LLP
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The music industry is gearing up for a battle with YouTube over licensing as the big three music labels, Universal, Sony and Warner, prepare to renegotiate their contracts with the video-sharing website.

CanadaIntellectual Property
Ken Clark
Ken Clark
Dillon Collett
Dillon Collett
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The music industry is gearing up for a battle with YouTube over licensing as the big three music labels, Universal, Sony and Warner, prepare to renegotiate their contracts with the video-sharing website. New economic realities have caused the music lobby in the United States to seek to revamp the Digital Millennium Copyright Act, 1998 (the "DMCA") to give them more leverage in their negotiation.

Currently, the DMCA places the onus of enforcing copyright on artists and music labels rather than YouTube, which the music industry considers "toothless." Even after a notice of infringement is sent out and a video is taken down, it can be re-uploaded immediately, making it extremely difficult to effectively prevent infringement. Rather than "Notice and Take Down," the music industry wants to see "Notice and Stay Down" provisions put in place.

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