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Comment on “Frontiers: The Interplay of User-Generated Content, Content Industry Revenues, and Platform Regulation: Quasi-Experimental Evidence from YouTube”

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  • Rebecca Tushnet

    (Harvard Law School, Cambridge, Massachusetts 02138)

Abstract

This useful article about the effects of music on YouTube on consumption of the same music elsewhere should be understood for what it is: An empirical investigation of YouTube’s effects. It allows no conclusions about “safe harbors” both because YouTube was not relying on the safe harbor regime either before or after the relevant policy change and because, as YouTube’s lack of reliance shows, the safe harbor regime primarily protects thousands of websites that don’t behave like YouTube. Under the European Union’s new Article 17, sites like YouTube are now required to negotiate with copyright owners to license works uploaded by users who do not own the copyright thereto. YouTube, however, was already doing this. The article [ Wlömert N, Papies D, Clement M, Spann M (2023) Frontiers: The interplay of user-generated content, content industry revenues, and platform regulation: Quasi-experimental evidence from YouTube. Marketing Sci . 43(1):1–12] has implications for what music companies should ask for in these negotiations. However, it would be a mistake to generalize from YouTube to the Internet as a whole.

Suggested Citation

  • Rebecca Tushnet, 2024. "Comment on “Frontiers: The Interplay of User-Generated Content, Content Industry Revenues, and Platform Regulation: Quasi-Experimental Evidence from YouTube”," Marketing Science, INFORMS, vol. 43(1), pages 13-15, January.
    • Handle: RePEc:inm:ormksc:v:43:y:2024:i:1:p:13-15
    DOI: 10.1287/mksc.2023.0339
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