YouTube and the Broadcasters

11 Pages Posted: 6 Apr 2007

See all articles by David J. Brennan

David J. Brennan

University of Technology Sydney, Faculty of Law


This is the text of a paper delivered at that Asia-Pacific Broadcasting Union Copyright Seminar in Tokyo on 15 March 2007 - days after Viacom launched a major copyright infringement action against YouTube. It provides a broad outline of YouTube, the operation of the so-called 'safe harbour' regime of the US Copyright Act, and an assessment of the commercial and technological approaches that may be taken to YouTube by established media industries. It concludes by suggesting that the best protection audio-visual producers have in dealing with YouTube model is the use of embedded marking technologies so as to reliably identify what of their content is being used.

Keywords: YouTube, Viacom, copyright, infringement, sare harbour, embedded marking

JEL Classification: K10, K20

Suggested Citation

Brennan, David J., YouTube and the Broadcasters. U of Melbourne Legal Studies Research Paper No. 220. Available at SSRN:

David J. Brennan (Contact Author)

University of Technology Sydney, Faculty of Law ( email )


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