March 20, 2007
Viacom Wants to do What it Does Best: Sell Advertising
2. Will the Digital Millennium Copyright Act protect Google / Youtube as they profit dearly from other’s copyright?
Analysis:
Viacom Inc.'s $1-billion copyright-infringement suit against Google Inc. involves a tension between innovation and property rights that is as old as the Constitution. Moreover, the Constitutional rights of property owners are clear.
Viacom and Google / YouTube have been negotiating for months to come up with an equitable agreement. This tension came about because Viacom is an expert at advertising and matching advertisers to the correct content for the advertisers desired demographic, while Google is an expert at placing advertising on the internet. Google and Viacom could not agree on who would control advertising related to Viacom’s content.
Congress last attempted to strike a copyright balance with the Digital Millennium Copyright Act of 1998. That law reaffirms the rights of copyright holders but also limits the legal liability of online service providers if they are unaware that others are posting copyrighted material and if they move promptly to remove it when the copyright holder complains.
Some Internet proponents view Viacom’s litigation as typical of lumbering, old-economy dinosaurs. However, much like the "useful arts" mentioned in the Constitution, the programs owned by Viacom and other entertainment companies cost money to produce. According to the law, these companies have the right to protect that investment.
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