YouTube Blog: Broadcast Yourself

For years, Viacom continuously and secretly uploaded its content to YouTube, even while publicly complaining about its presence there. It hired no fewer than 18 different marketing agencies to upload its content to the site. It deliberately “roughed up” the videos to make them look stolen or leaked. It opened YouTube accounts using phony email addresses. It even sent employees to Kinko’s to upload clips from computers that couldn’t be traced to Viacom. And in an effort to promote its own shows, as a matter of company policy Viacom routinely left up clips from shows that had been uploaded to YouTube by ordinary users. Executives as high up as the president of Comedy Central and the head of MTV Networks felt “very strongly” that clips from shows like The Daily Show and The Colbert Report should remain on YouTube.

Viacom’s efforts to disguise its promotional use of YouTube worked so well that even its own employees could not keep track of everything it was posting or leaving up on the site. As a result, on countless occasions Viacom demanded the removal of clips that it had uploaded to YouTube, only to return later to sheepishly ask for their reinstatement. In fact, some of the very clips that Viacom is suing us over were actually uploaded by Viacom itself.

Given Viacom’s own actions, there is no way YouTube could ever have known which Viacom content was and was not authorized to be on the site. But Viacom thinks YouTube should somehow have figured it out. The legal rule that Viacom seeks would require YouTube — and every Web platform — to investigate and police all content users upload, and would subject those web sites to crushing liability if they get it wrong.

Viacom’s brief misconstrues isolated lines from a handful of emails produced in this case to try to show that YouTube was founded with bad intentions, and asks the judge to believe that, even though Viacom tried repeatedly to buy YouTube, YouTube is like Napster or Grokster.

Nothing could be further from the truth. YouTube has long been a leader in providing media companies with 21st century tools to control, distribute, and make money from their content online. Working in cooperation with rights holders, our Content ID system scans over 100 years worth of video every day and lets rights holders choose whether to block, leave up, or monetize those videos. Over 1,000 media companies are now using Content ID — including every major U.S. network broadcaster, movie studio, and record label — and the majority of those companies choose to make money from user uploaded clips rather than block them. This is a true win-win that reflects our long-standing commitment to working with rights holders to give them the choices they want, while advancing YouTube as a platform for creativity.

We look forward to defending YouTube, and upholding the balance that Congress struck in the DMCA to protect the rights of copyright holders, the progress of technological innovation, and the public interest in free expression.

Posted by Zahavah Levine, YouTube Chief Counsel