Abstract

This chapter uses Chapter 3's ANT-Foucauldian Power Lens to critically analyse selected empirical findings from the YouTube Study. It advances three arguments. First, the 'regulatory space' on YouTube, when copyrighted content is at stake, is far more complex and dynamic than currently acknowledged in the conjoined fields of digital copyright law and digital regulation. More specifically, the regulatory space is constructed locally as diverse actants, such as algorithms, programming languages, buttons, interfaces, humans, skills, knowledge, materials and law, are precariously and contingently assembled in particular ways to achieve specific regulatory objectives. From this viewpoint, no single actant has a privileged or dominant role in regulating copyright. Rather, regulation is a materially hybrid, fragile and fluid 'achievement' constructed in the here and now as heterogeneous humans and non-humans enter particular local alliances for some time. Second, this chapter sheds new empirical light on how YouTube, its users and right-holders can resist attempts to control or govern their activities. Third, this chapter argues that new understandings of law and legal concepts - be it legality, law's authority and the roles of law in copyright protection - emerge when law is conceptualised as a 'legal complex'.

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