Unsealed court documents from Viacom International, Inc. et al v. Youtube, Inc. et al:
More YouTube Content Compliance SQUAD Briefs
YouTube Legal Squad Brief
YouTube Key Messages and FAQs Internal Document
“Claim Your Content” White Paper
- 6 pages
- Highly Confidential
I. Introduction
1. Overview
At all times during the Term, YouTube/Google shall facilitate and maintain content identification services in accordance with this Exhibit U. It is the
intent of the parties that these content identification services will_enable PARTNER to easily identify audiO and audiovisual materials on the Video
Service that are owned or controlled by PARTNER, and enable PARTNER to elect in each case to either (A) license the content to YouTube/Google in
connection with the Video Service on the terms and conditions prescribed in the Agreement or (B) remove it from the Video Service (the “Election”). The
content identification services shall consist of a three step process outlined in
summary form immediately below and described in further detail in this
exhibit:a. Video Hashing. YouTube/Google will create and retain a unique MD5
hash of each file that is identified during the Term as Blocked Content (as
defined below) or that is removed from the Video Service due to an
allegation of copyright infringement. YouTube/Google will block any files
uploaded during the Term that match any of the MD5 hash(s) of any
previously removed file.b. Audio Fingerprinting. For PARTNER content that is not identified by Video
Hashing, YouTube/Google will employ audio fingerprinting technology to
identify PARTNER content uploaded to the Video Service during the
Term. In the event that a file is identified as containing audio content
owned or controlled by PARTNER, PARTNER shall have the option to
make the Election.c. Text & Tag Searching. For PARTNER content that is not identified by
Video Hashing or Audio Fingerprinting, YouTube/Google will supply
PARTNER with access to the Search & Claim Tool (as defined below) and
shall run PARTNER Searches (as defined below) on behalf of PARTNER.PARTNER will receive a list of Text Search Matches (as defined below)
for PARTNER’s review through the Search & Claim Tool. In the event that
PARTNER identifies a file as containing audio or audiovisual content
owned or controlled by PARTNER, and designates its ownership or
control through the Search & Claim Tool, PARTNER shall have the option
to make the Election. Once a file is identified by PARTNER via the
Search & Claim Tool as PARTNER content, the file will automatically be
audio fingerprinted and added to the audio fingerprint library so future
uploads of the file can be detected automatically via the audio fingerprint
process described herein.2. Blocked Content
a. The parties agree that PARTNER will create a list of Blocked Content.
“Blocked Content” shall mean any PARTNER content that PARTNER
provides to the Fingerprint Vendor and designates as “Blocked” in the
metadata aSSOCiated with the PARTNER fingerprints. This list may be
updated by PARTNER from time to time by providing a revised Blocked
Content list to the Fingerprint Vendor (as defined below).
YouTube/Google shall, acting on PARTNER’s behalf, instruct the
Fingerprint Vendor to promptly (and, no later than five (5) business days
following the receipt by the Fingerprint Vendor of a revised Blocked
Content list from, or on behalf of, PARTNER) incorporate any revisions to
the Blocked Content list in the metadata provided by the Fingerprint
Vendor to YouTube/Google along with the Fingerprint Matches.b. PARTNER agrees to designate as “Blocked Content” all PARTNER
owned or controlled audio content with respect to which PARTNER has
not obtained all necessary rights with respect to use of User Generated
Content on the Service, including guild and union payments,
synchronization rights and any required reproduction rights (for server
copies, hosting, encoding, etc … ).3. User Generated Videos
a. “User Generated Videos” shall mean those videos on the Video Service
that are uploaded by a user of the Video Service and which PARTNER (or
its authorized agent) or the Fingerprint Vendor determines contain
PARTNER content that is not Blocked Content. For the avoidance of
doubt, User Generated Videos shall include (a) Fingerprint Matches (as
defined below) that do not match the fingerprint of any Blocked Content
and (b) Text-Search Matches (as defined below) determined by
PARTNER (or its authorized agent) to contain PARTNER content that is
authorized via the Search & Claim Tool for use on the Video Service.
b. YouTube/Google shall assign a unique identifier to each User Generated
Video.…
II. Monitoring Processes
1. Acoustic Fingerprinting
PARTNER shall deliver (or $hall have already delivered) to the Fingerprint
Vendor copies of its digital content files or fingerprints of it digital audio content
that can be used to detect matching PARTNER content in videos on the Video
Service. As of the Effective Date, the Fingerprint Vendor is a third-party
company called Audible Magic, but the Fingerprint Vendor could change during
the Term at YouTube/Google’s sole discretion upon reasonable notice to
PARTNER. The Finger Vendor shall store the audio fingerprints of the
PARTNER content in the YouTube/Google fingerprint library. PARTNER may
deliver additional digital content or audio fingerprints to the Fingerprint Vendor
throughout the Term to enhance the YouTube/Google fingerprint library of audio
fingerprints. PARTNER acknowledges that the success of the audio
fingerprinting efforts depends on PARTNER’s delivery of digital files or
fingerprints to the Fingerprint Vendor.As part of the YouTube/Google general submission process for the Video
Service, the audio portion of each file an end user attempts to upload to the
Video Service shall be extracted from the video file as it is uploaded to the Video
Service, and sent to the Fingerprint Vendor to compare against the
YouTube/Google fingerprint library.Any video that contains audio identified as a PARTNER audio recording by
the Fingerprint Vendor shall be deemed to be a “Fingerprint Match.” The
Fingerprint Vendor shall, using the list of Blocked Content provided by or on
behalf of PARTNER, identify Fingerprint Matches containing Blocked Content
with a specified tag in the applicable fingerprint’s metadata. The Fingerprint
Vendor shall return Fingerprint Matches to YouTube/Google on an ongoing
basis, multiple times throughout each day. For any Fingerprint Match that
contains metadata indicating that the audio portion of such video contains
Blocked Content, 97% percent of the time the Blocked Content in the audio
portion of such video shall be removed from the Video Service within two (2)
business days or less.In the event Fingerprint Matches do not contain metadata indicating that the
video contains Blocked Content, the corresponding PARTNER content shall
thereafter be deemed to be licensed by PARTNER in connection with the Video
Service, and shall be assigned a unique identifier by YouTube/Google in
accordance with a mutually agreed process developed by the parties.…
2. Text & Tag Searching
YouTube/Google shall provide a tool (the “Search & Claim Tool”) that gives
PARTNER the ability to define in an XML feed to YouTubeiGoogle specific
automated metadata text searches (or queries) comprised of PARTNER
keywords, in each case, as may be updated by PARTNER from time to time by
modifying the queries in the XML feed (“PARTNER Searches”).YouTube/Google shall run such PARTNER Searches at a frequency determined
by PARTNER (but no more than once daily). The Search & Claim Tool shall also
provide PARTNER with the ability to run PARTNER Searches on a one-off basis,
or in connection with a particular event (e.g. relating to a particular actor/artist
performance broadcast on a television awards program like the VMA’s or
Academy Awards). PARTNER may also use the Search & Claim Tool to modify
(e.g. change, add or delete) the specific PARTNER Searches at PARTNER’s
sole discretion. PARTNER may experiment in its sole discretion to optimize the
PARTNER Searches. YouTubeiGoogle shall cooperate with PARTNER and use
commercially reasonable efforts to work with PARTNER to optimize the
PARTNER Searches throughout the Term.YouTube/Google shall run the PARTNER Searches to locate, on PARTNER’s
behalf, any videos on the Video Service whose title metadata or tag metadata
information matches any PARTNER Search (“Text-Search MatCh”) for the
purpose of identifying videos on the Video Service containing PARTNER content
and not captured by the Audio Fingerprinting process. The URLs and
corresponding thumbnail images for all of the Text-Search Matches shall be
available for review by PARTNER (or its designated agent) through the Search &
Claim Tool. PARTNER (or its designated agent) may, but shall not be required
to, review the videos located at such URLs to determine and designate whether
any such videos include audio content, visual content or both that is PARTNER
content.YouTube/Google shall via the Search & Claim Tool enable PARTNER to
easily communicate to YouTube/Google that any Text-Search Match contains
PARTNER content and shall enable PARTNER to easily make the Election with
respect to any such video(s). In the event there is PARTNER content in a video,
and PARTNER elects to deSignate such content as “Blocked Content”
hereunder, YouTube/Google shall act expeditiously (Le. 97% of the time within
two (2) business days or less from receipt of such notification) to remove, or
disable access to, the Blocked Content. In the event the PARTNER elects to
deSignate such Partner content as licensed for use in connection with the Video
Service, the video shall thereafter be deemed to be a User Generated Video
under the Agreement and Partner shall be compensated accordingly.…
3. Video Hashing
As part of the YouTube/Google general submission process, each video
uploaded to the Video Service shall be compared against a library of hash files
stored by YouTube/Google. For any file that has been previously removed from
the Video Service at PARTNER’s request (because such file contained
PARTNER-owned content not authorized for use in connection with the Video
Service), additional submissions of an identically hashed file (“Video Match”)
shall not be made available on the Video Service, unless otherwise agreed by
PARTNER in writing. For any file that has been previously designated as a UserGenerated
Video, additional submissions that are a Video Match will also be
designated as a User-Generated Video and treated accordingly under the
Agreement.4. Unique Identifiers and Reporting of User-Generated Videos
All User-Generated Videos shall be given a unique identifier that corresponds
to the applicable PARTNER content embodied therein, in accordance with a
mutually agreed process, which unique identifier shall be reported to PARTNER
with all required reporting under this Agreement.
Share this:
