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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”

#31

Post by inlined »

sirn wrote: post #4
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…

FWIW, the author of the tweet, Mumbo Jumbo is a high-profile Minecraft videos content creator on YouTube (3M subscribers) and he's doing this as his full-time job. By your description, I would say he's in the top personalities group. What's happening here is basically Warner Chappell is claiming a revenue sharing of his video with no recourse. Edit: he posted a new video elaborating more about this issue.[1] [1]: htt…

MatPat of Game Theory & Film Theory says that his YouTube rep explained the company has a categorization internally for video game accounts, which means they can never be part of the VIP category.

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

#32

Post by hedora »

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.

True, but the punitive damages are set as a multiple of the damage done. I want them to be as a percentage of the revenue / valuation of the party at fault.

The current system is why PG&E has literally blown up neighborhoods and burnt down a city, but the investors only got a slap on the wrist.

In a system where punitive damages are a percentage of the valuation of the corporate entity that committed the crime, repeatedly breaking the law would force massive issuances of equity to the victims. For particularly lawless companies, this would mean the current owners equity would be diluted to the point where they would cede control of the company to the wronged parties.

To pick a different industry, this means that ownership of most coal mines would have been transferred to the miners and surrounding towns years ago (unless they stopped flouting safety and environmental regulations).

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

#33

Post by zaroth »

sirn wrote: post #4
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…

FWIW, the author of the tweet, Mumbo Jumbo is a high-profile Minecraft videos content creator on YouTube (3M subscribers) and he's doing this as his full-time job. By your description, I would say he's in the top personalities group. What's happening here is basically Warner Chappell is claiming a revenue sharing of his video with no recourse. Edit: he posted a new video elaborating more about this issue.[1] [1]: htt…

The recourse is to sue, and if the facts of the case are as they appear to be, I wouldn’t be surprised if there were punative damages attached.

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

#34

Post by hi5eyes »

bdz wrote: post #20
DanBC wrote: post #11

He's had a response from Head of gaming at YT: https://twitter.com/Fwiz/status/1130128085347516417

Now imagine if you don't have 3m subs, no 150k followers on Twitter, no one is posting your stuff on Reddit and even on HN. Good luck getting any help from Google

thats why clout is important

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

#35

Post by hedora »

In fairness, the franchise or manager (not McDonalds) was at fault there.

They had the coffee machine set higher than standard McDonalds temperature, and had they been repeatedly cited by inspectors because it was a safety violation.

The burn led to hospitalization.

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

#37

Post by zaroth »

TheOtherHobbes wrote: post #29
dymk wrote: post #24

Earlier quoted context omitted.

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'…

I’d say the problem is less discovery as it is monetization.

The total bandwidth for one of these creators’ videos is not itself all that massive. Particularly if you are not live streaming, a few thousand dollars in hosting costs a year to get 100TB/mo dedicated servers in a couple datacenters.

But once you have the servers humming and serving a few million views a month, whose ads are you running alongside your content?

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

#38

Post by wolco »

sirn wrote: post #26
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, vi…

If they perged or deleted enough content people would stop visiting. If content creators stopped making new videos the site would turn into more of a video backup/hosting service for sharing elsewhere. Wouldn't kill the site but it would reduce its value.

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

#39

Post by tzs »

throwaway55554 wrote: post #22

How is this not a form of pirating? Pirating is the reason we have the stupid DMCA to begin with and now we have this happening!

The problem here has nothing to do with the DMCA. The problem is that Google has implemented its own system that has little to do with the DMCA.

If it were handled the DMCA way, here is how it would go.

1. Someone complains to the hosting service alleging that you are violating their copyright.

2. The hosting provider takes down the material and notifies you. If you do not want to dispute this, that is the end of it.

3. If you want to dispute their claims, you notify the hosting provider. It doesn't really matter, as far as I recall, if you dispute the claims because you say the claimant does not hold copyright, or you say that they do but your use is covered by fair use, or any other mean.

4. The hosting provider puts your material back up, and tells the complainant that if they want to take it down, they need to take you to court, and provides your legal contact information for filing said suit.

If the claimant takes you to court, and wins, following the above procedure absolves the hosting provider of any liability for the infringement.

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

#40

Post by simion314 »

drtillberg wrote: post #10
sirn wrote: post #4

Earlier quoted context omitted.

FWIW, the author of the tweet, Mumbo Jumbo is a high-profile Minecraft videos content creator on YouTube (3M subscribers) and he's doing this as his full-time job. By your description, I would say he's in the top personalities group. What's happening here is basically Warner Chappell is claiming a revenue sharing of his video with no recourse. Edit: he posted a new video elaborating more about this issue.[1] [1]: htt…

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…

>Would be simpler (and possibly more profitable) to use the dispute-resolution process

For each 1800 videos? The youtuber claims that you have to do it for each video and it takes 1 to 2 minutes each.

Though this case looks more reasonable then the idiotic case where white-noise gets a copyright strike.

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