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“A company is copyright-claiming every video I have ever made”

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Re: “A company is copyright-claiming every video I have ever made”

#21

Post by SkyPuncher »

tssva wrote: post #12
mdorazio wrote: post #2

The question to me when these stories come up at least once a month is: Why would YouTube want to fix this? YouTube as a platform for generating revenue has largely become the domain of large media companies and top personalities. Those entities have a vested interest in keeping the copyright claim system exactly as it is, and YouTube has a vested interest in keeping those entities happy. I think we've long since pas…

YouTube doesn't have a lot of flexibility here. The DMCA spells out specific requirements YouTube must follow when they receive a copyright claim and even with the current DMCA submission system and content id system which creators claim is too large media company friendly Google is constantly being threatened with law suits by the large media companies claiming they are in violation of safe harbor requirements for n…

YouTube content strikes aren't DCMA, though.

Copyright holders could file a DCMA request, but YouTube's process makes it easier while achieving the same result. This allows YouTube to satisfy large content holders by avoiding the penalties for false DCMA claims.

DCMA is intented for forcing a comapny to remove content. YouTube simply removes things without actually involving DCMA.

Re: “A company is copyright-claiming every video I have ever made”

#23

Post by ghayes »

hedora wrote: post #13
panpanna wrote: post #3

The only way to fix this is to let you sue for damages + lawyer fees. As it is right now, you can earn lots of money by DMCA:ing popular creators, monetize on their content for a while (or a long time if they don't have a friend at Google who can escalate the issue).

It would help if the damages were calculated as a percentage of revenue (or maybe equity) of the largest company involved in the clam. Mirimax subcontracted to a fly by night organization that sent 10,000 bogus takedown requests? Great. The damages are 10% of revenue. Since Disney is the parent, that would include Disney theme park tickets, cruise ships, the entire Star Wars franchise, etc. A 1% revenue hit per 1000…

What you’re looking for is called punitive damages, and already exists in the legal system (this is why McDonalds paid millions of dollars for a hot coffee). The goal is to actually open lawsuits including punitive damages for fraudulent or negligent DMCA requests.

Re: “A company is copyright-claiming every video I have ever made”

#24

Post by dymk »

RubberbandSoul wrote: post #18
wswkb wrote: post #15

Earlier quoted context omitted.

Recoding and hosting and transmitting video is so expensive that I can assure you no alternative will ever pop up.

BitChute?

Do you think that self hosting a video streaming server is going to be attainable for content creators? Simply setting up DNs is hard for the layman.

Re: “A company is copyright-claiming every video I have ever made”

#25

Post by pdkl95 »

tssva wrote: post #12
mdorazio wrote: post #2

The question to me when these stories come up at least once a month is: Why would YouTube want to fix this? YouTube as a platform for generating revenue has largely become the domain of large media companies and top personalities. Those entities have a vested interest in keeping the copyright claim system exactly as it is, and YouTube has a vested interest in keeping those entities happy. I think we've long since pas…

YouTube doesn't have a lot of flexibility here. The DMCA spells out specific requirements YouTube must follow when they receive a copyright claim and even with the current DMCA submission system and content id system which creators claim is too large media company friendly Google is constantly being threatened with law suits by the large media companies claiming they are in violation of safe harbor requirements for n…

In some cases, YouTube is now explicitly rejecting DMCA "safe harbor" protection.

https://www.youtube.com/watch?v=AHtHpC6nc_E

From https://support.google.com/youtube/answer/3045545?hl=en (emphasis mine)

> Videos removed or blocked due to YouTube's contractual obligations

> YouTube enters into agreements with certain music copyright owners to allow use of their sound recordings and musical compositions.

> In exchange for this, some of these music copyright owners require us to handle videos containing their sound recordings and/or musical works in ways that differ from the usual processes [aka the DMCA takedown/counter-notification process] on YouTube. Under these contracts, we may be required to remove specific videos from the site, block specific videos in certain territories, or prevent specific videos from being reinstated after a counter notification. In some instances, this may mean the Content ID appeals and/or counter notification processes will not be available. Your account will not be penalized at this time.

Re: “A company is copyright-claiming every video I have ever made”

#26

Post by sirn »

iforgotpassword wrote: post #9

I only use YouTube occasionally but if I do, it's mostly for geek stuff by exactly these kinds of individuals. Are there any signs that another platform will take YouTube's place in that regard during the next couple years? I mean sites like Vimeo and daily motion have been around since forever but never managed to weaken the critical mass that YouTube had due to it's head start. Then there's the occasional startup t…

> How much worse do things have to get on YouTube for individual creators to leave

YouTube survived even the Real Name Policy during Google+ era. At this point, I can't think I think of anything that could do a permanent and immediate damage to YouTube popularity, even if they pull the equivalent of recent Tumblr purge. YouTube has enough momentum and its audience is way too diverse for it to fail overnight.

Also, video hosting is very hard and expensive. It's possible to have a service that is generally nice and serve some niche (like Vimeo or Dailymotion), but I feel they will break apart in some way or another if they ever gain YouTube-level of popularity (due to regulation, lawsuits, etc.).

Re: “A company is copyright-claiming every video I have ever made”

#27

Post by TheOtherHobbes »

caymanjim wrote: post #17
drtillberg wrote: post #10

Earlier quoted context omitted.

He has a contract with the musician whose songs he incorporated in the video. Would be simpler (and possibly more profitable) to use the dispute-resolution process and maybe indemnity built into that contract, tell the musician to call off the dogs and reimburse him for diverted profits and his time/expenses. This doesn't sound like an example of YouTube badness, but rather an example of the hazards of working with u…

It's quite possible that the musician doesn't actually own the rights and was never allowed to license the music in the first place. They may have negotiated some deal (handshake or formal), but musicians normally don't own the publishing rights to their own music; the label does.

I've just listened to the music and it sounds like it's sample-based - in which case there may be a problem if ProleteR didn't clear the samples.

This isn't MumboJumbo's fault in any way. But if there are samples and they're not cleared, there's a legal issue.

That does not - of course - give WC the right to steal 25% of the value of MJ's work just because YT says they can.

Re: “A company is copyright-claiming every video I have ever made”

#29

Post by TheOtherHobbes »

dymk wrote: post #24
RubberbandSoul wrote: post #18

Earlier quoted context omitted.

BitChute?

Do you think that self hosting a video streaming server is going to be attainable for content creators? Simply setting up DNs is hard for the layman.

There's no technical reason someone couldn't put together a WordPress-for-Video system - or even add video to Wordpress. (Although that would almost certainly suck for performance reasons.)

The big problem is discovery. A lot of people are wondering about decentralised server networks with an open discovery/search system built on top.

That's a horrendously hard project for social as well as technical reasons. But it's badly needed to drag the web out of the corporate swamp it's currently drowning in.

Re: “A company is copyright-claiming every video I have ever made”

#30

Post by gnicholas »

ghayes wrote: post #23
hedora wrote: post #13

Earlier quoted context omitted.

It would help if the damages were calculated as a percentage of revenue (or maybe equity) of the largest company involved in the clam. Mirimax subcontracted to a fly by night organization that sent 10,000 bogus takedown requests? Great. The damages are 10% of revenue. Since Disney is the parent, that would include Disney theme park tickets, cruise ships, the entire Star Wars franchise, etc. A 1% revenue hit per 1000…

What you’re looking for is called punitive damages, and already exists in the legal system (this is why McDonalds paid millions of dollars for a hot coffee). The goal is to actually open lawsuits including punitive damages for fraudulent or negligent DMCA requests.

They may have paid millions, but not necessarily.

The trial judge reduced the final verdict to $640,000, and the parties settled for a confidential amount before an appeal was decided.

From https://en.m.wikipedia.org/wiki/Liebeck_v._McDonald%27s_Rest...

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