Spotify opens new front in war on fair use

Spotify has recently launched a campaign to combat fair use by targeting podcasts that may contain copyrighted material. The music streaming platform's automated review tools have been scanning podcast episodes for content that infringes on third-party rights, leading to the removal of episodes suspected of infringing on intellectual property.

The issue at hand is the removal of podcasts that discuss books by authors like Beverly Cleary, even when the dialogue consists of minimal excerpts. Spotify prides itself on distributing audio and video podcasts, but its automated review process may remove any content appearing to distribute third-party literary material.

Content creators are at the mercy of Spotify's content scanning, which can lead to penalties such as restriction on submitting future appeals and termination of accounts. This development chills the use of fair use, a fundamental concept that protects the right to quote a work for the purpose of criticizing or commenting on it.

Spotify's algorithm mistakenly initiates removals based on matching podcast titles with books or transcribing interviews and comparing them to book text. The platform's approach is not only lazy but also risks stifling fair use and damaging the podcasting ecosystem. As a result, affected content creators are taking their content elsewhere and severing ties with Spotify.