The impending death of the YouTube mashup

[Commentary] The days of the video remix on YouTube may be numbered.Like many other remixers, culture critics, and journalists, I rely heavily on something called "fair use," a section of copyright law that permits the use of pop culture source materials without the permission of the copyright holder for a variety of uses: comment, critique, satire, homage, or to further a cultural discussion.

Not needing permission is important because it means that I (and other cultural critics) are free to criticize and reimagine pop culture in ways that the copyright holder may not be comfortable with. According to the Digital Millennium Copyright Act (DMCA) -- the law that governs copyright online -- a simple counter-notification outlining why a remix creator believes her video to be a fair use should be enough to keep a video online, even if the original copyright holder objects. But it turns out no defense would have revived my video.

YouTube had cut a private deal that gave Universal Music Group the power to take down any video, even those videos that didn’t require Universal’s permission in the first place. Yes, you read that right: YouTube’s private agreement with Universal Music Group eliminates creator’s fair use rights on the site.

[Kreisinger is artist-in-residence, Public Knowledge]