Google says that its YouTube Video Identification tool, announced today, will help copyright owners to identify their works on YouTube and also enable them to block videos.
It will also allow copyright owners to “create revenue” from the use of their material on YouTube, if they wish.
Google claimed that it aims to “cooperate with copyright holders to identify videos that include their content and offer them choices about sharing that content”.
It added that the new tool would require copyright owners to work with the company to police content: “As copyright holders make their preferences clear to us up front, we’ll do our best to automate that choice while balancing the rights of users, other copyright holders, and our community as a whole.”
Copyright owners can sign put to participate in the identification program on YouTube.
David King, YouTube product manager, said in a statement: “Video Identification is the next step in a long list of content policies and tools that we have provided copyright owners so that they can more easily identify their content and manage how it is made available on You Tube.”
The tools include terminating the accounts of repeat infringers, blocking re-uploading of videos removed for copyright infringement, a 10-minute limit on uploaded content and an electronic notification and takedown tool.
If the new identification tool (which is in a beta version and will be improved following feedback) succeeds in cutting down the amount of copyright-infringing content posted on YouTube, it could have an impact on pending litigation between content owners and Google.
In March this year, Viacom filed a suit in the US District Court for the Southern District of New York, alleging that Google and YouTube “promote and profit from massive copyright infringement of television programs and feature films on an unprecedented scale involving hundreds of thousands of pirated clips”.
Viacom considers this to be wilful copyright infringement. It is seeking an injunction and damages.
Google has indicated that it will fight the claims, and that they are “barred or defeated” by the safe harbour provisions in the Digital Millennium Copyright Act (DMCA).
A trial is not likely to be held until 2009. Document production should be complete by July 7 and discovery and expert depositions finished by December 7 2008.
Viacom has deposed 28 people, including Eric Schmidt, Larry Page and Sergey Brin. Google has deposed 32 named people, including Viacom CEO Philippe Dauman, general counsel Michael Fricklas and satirists Jon Stewart and Stephen Colbert.
Viacom is represented by Jenner & Block and Shearman & Sterling and Google by Wilson Sonsini Goodrick & Rosati and Bartlit Beck Herman Palenchar & Scott.
