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43 AIPLA Q. J. 359 (2015)
Youtube's Content ID as a Case Study of Private Copyright Enforcement Systems

handle is hein.journals/aiplaqj43 and id is 375 raw text is: 

                    AIPLA   QUARTERLY JOURNAL

Volume  43, Numbers  2/3        Page 359            Spring/Summer   2015

                           STUDENT NOTE

 YOUTUBE'S   CONTENT ID AS A CASE STUDY OF PRIVATE COPYRIGHT
                       ENFORCEMENT SYSTEMS

                             Lauren D. Shinn*

I.     INTRODUCTION          .......................................... ......361
II.    THE DMCA   SAFE HARBOR  IS GENERALLY AVAILABLE FOR ISPS SUCH AS
       YOUTUBE................        ........................... .........365
       A.      Adequate Notice and Takedown Procedures ............   ........366
       B.      Knowledge                 ..............................................366
       C.      Reasonable Policy for Removal of Repeat Infringers..........................367
III.   THERE ARE Two  PRIMARY OPTIONS FOR CONTENT  OWNERS IN DEALING
       WITH INFRINGING USER-GENERATED  CONTENT  ON YOUTUBE  ....................368
       A.      Copyright Strikes ...........................    ...........368
       B.      Content ID........................             ............370
IV.    CONTENT  ID PRESENTS SEVERAL PROBLEMS             ............. ............372
       A.      False Flags..............................       .............372
       B.      Flags of Fair or Otherwise Legal Uses ..................375
       C.      Automatic and Immediate Consequences ............   .....377
       D.      Problems with the Content ID Claim Dispute Process......................381
       E.      Negative Effects on Content Owners ............... .....384
V.     THE PROPOSED  AMENDMENTS................................385
       A.      Copyright Holders Must Clearly Indicate and Prove What
               Content They Own in Order to Enjoy the Benefit of a Copyright
               Enforcement System That Exceeds Statutory Requirements.............386
       B.      ISPs Implementing an Enforcement System That Exceeds
               Statutory Requirements Must Adopt and Reasonably Implement a
               Policy That Provides for the Termination of Subscribers and
               Account Holders of the Service Provider's Network Who



* @ 2015 Lauren D. Shinn. Lauren Shinn graduated from The George Washington
University Law School with honors in 2015, having served as the President of the Cyberlaw
Students Association in her final year. She has a B.A. in Latin and Classics from Montclair
State University and received the American Bar Association/Bureau of National Affairs
Award for demonstrating excellence in the study of intellectual property law.

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