Page 310 - A Study on the Role of UGC Platforms in Copyright Law：An Intermediary-oriented Approach

A Study on the Role of UGC Platforms in Copyright Law: Appendix 9 Interview Record (Participant H)
An Intermediary-oriented Approach

Huang: That’s exciting! I am curious that how much YouTube spend in the management of
Content ID system?
Participant H: Good question. As you may know, Content ID system was introduced in 2007
a few months after Google bought YouTube in October 2006. At the beginning, there
was a lot of controversy among Google’s management regarding whether to introduce
the expansive Content ID system or not. Some said that DMCA does not impose the
obligation of filtering infringement on us. Some believe that the adoption of the Content
ID system will ultimately bring more good than harm because this system would be
appealing to content creators by providing both block and monetization options. Since
content is the pivotal source for UGC platforms, incorporating a content identification
technology benefits YouTube’s long-term development. As you know, the latter wins.
Huang: Such a farseeing decision!
Participant H: Yeah. Though we have cost over $60 million to develop and manage
the Content ID system, we have earned much more. The high cost of the content
identification technology also becomes a threshold for new comers to enter the market.

Huang: EU’s Copyright Directive in Digital Single Market seems to impose a filtering
obligation on UGC platforms. What do you think of EU’s DSM Directive?
Participant H: I think the filtering obligation would be a trend in a world where UGC
platforms are playing increasingly significant roles in and profiting greatly from
promoting UGC.

Huang: Though the Content ID system has established popularity, I also found some
criticism about the Content ID. For example, some research claimed that the Content
ID system will crack down many non-infringing UGC because they are 70% matched
with a pre-existing work but the boundary of infringement requires qualitative-intensive
research. Content ID system is likely to drive out legal content.
Participant H: Every system has its drawbacks. The efficiency of the Content ID system is
based on its automatic implement of copyright owners’ pre-determined match policy
based on quantitative calculation. We also provide dispute procedure for users who found
their works were wrongfully subject to the Content ID claim. In fact, we receive much
feedback about infringers’ abuse of the dispute resolution and the continual infringement
of copyright.

Huang: Thanks for your explanation, Participant H. But I also found that the Content ID
system excludes a large part of UGC such as remix and mashups on the ground that
these content creators may not have exclusive right on their content. Nevertheless, many
UGC creators have contributed their creativity to the pre-existing work and might even
get the license to make a derivative work from the copyright owner of the pre-existing

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