I think regulating the web (or anything else) will kill creativity and slow down innovation. The best way to speed up innovation is a (partly) open culture.

This doesn’t necessarily have to mean we need illegal material, I think we can make great stuff without doing anything ‘illegal’. We just need an open mind approach of the companies representing old media.

I think this will happen (and hopefully within the next five years). Slowly there is emerging a situation where old media can only benefit from the web if they share alike and join or start a discussion. And if they share and receive media.

Newspapers starting blogs, television moving into social networks and publishers and musicians releasing media for free.

We are moving to an engagement economy where we have to give in order to receive.

Economies of the Commons

Strategies for Sustainable Access and Creative Reuse of Images and Sounds Online

Do you think these issues will be settled in the next five years? Or should we rather take ten or twenty years. Can big old giants even move?

I think you’re right. If something is illegal on YouTube and you embed/link to it that doesn’t make it legal.

What I do worry about is when an artist uploads video/song to his or her YouTube/MySpace/personal website and makes it actively available for sharing, the fans can’t show it without a license, or maybe a complete set of licenses from other third parties.

I don’t want to take money away from the artist. I just don’t think you can treat the web similar as a venue. I don’t know what a website is anymore. You can share your favorite video’s on a forum, a NING network, a blogger account, facebook, your personal blog or through a messenger-like network like IM or twitter. Most elements are objects and the things that aren’t will be objects (open social). Sharing and aggregating information has just started.

The only people that can change this are the artists. They should ask BUMA in this case to come up with a variable model or make a public accessible database with the artists they represent.

It’s a difficult situation and I don’t know the ideal solution, but I’m sure what they are doing right now isn’t exactly the best way to find a solution. I think most people won’t mind to pay for music, only the model should be right.
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The story reminds me about Warner Bros vs. the Harry Potter fan websites

Concerning the broadcasters question, I think there is a difference in writing on my wall in Facebook and embedding a copyright protected video on my blog. In the first case I create content and in the second case I copy paste material that should not even be on YouTube. While I am not personally responsible for uploading it, YouTube is not the only liable party. We seem to live in a share-a-like world now but sometimes we seem to be forgetting that not everything is for free and that everything could and should be shared.

Did I just sound old fashioned? :)