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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”

#271

I really don't understand why the process has been designed to assume the copyright claimant is in the right from the get-go when it's the claimants that abuse the system. If I was Google I'd have my lawyers aggressively pursue the legal feasibility of banning companies from submitting complaints if they abuse the complaint system (if not then ban the channels of companies who have their lawyers abuse the system) and…

>>> fair-use detection into content-id -- if the clip is less than 30 seconds or 10% of the work (or whatever threshold makes sense legally), then it's fair use, period, can't submit a claim on that.

That isn't how fair use works. 30 seconds might not be fair use and 10 minutes might, depending on how they're used.

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

#272

Earlier quoted context omitted.

Sure - and the Internet's userbase has decided that, for the most part, they don't want that. Maybe somebody with a really rocking Patreon could go use Wistia or something - but how do they maintain their fanbase and grow it?

Could potentially be content creators that pay the subscription only. But yeah, something somewhere has got to give. Eventually people are going to be sick enough of ads that they will pay $5/month to remove them.

Maybe. But the thing is, as we move towards higher-resolution video formats we get into more expensive stuff. A 1080p60 Twitch stream is about 6128 Kbps per second (6Mbps video, 128Kbps audio). YouTube recommends 12Mbps for uploads. 4K is worse. YouTube recommends 35-45Mbps for 24/30fps videos and 68Mbps for 4K60 uploads.

So we're looking at using roughly a gigabyte of transfer for three minutes of 4K30 video at acceptable quality or about nine minutes for 1080p60 (video games, etc.). I dunno about you, but most of the creators whose stuff I follow are between 20 and 45 minutes a video. Call it 30 minutes. So if they put out one video every two weeks and I watch it once, I'm pulling ~4GB for 1080p or ~10GB for 4K30.

At S3 prices, that means that of that $5, Amazon eats $1.20 or so. It's worse if they're more prolific. You can say "raise prices", but Patreons, subscriptions, etc., are brutally inelastic. When Patreon wanted to go to a model where they passed transaction fees onto the funder, a ton of people came out to claim that they couldn't afford to keep all their pledges if they had to eat a ten to thirty percent surcharge. And I believe it.

It sucks. I'm trying to come up with a better option just for my own stuff. My solution, which I can do because I'm a software developer, is probably something like OVH, where they hand you effectively-unlimited transfer. But I also don't then need to pay somebody to manage it for me--and to try to turn it into a going concern, you're going back to the "hey, how much a month is this gonna cost me?" problem.

It's not an unfixable problem. But it is a problem where the winners have economies of scale. That means...well...a YouTube.

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

#273

Earlier quoted context omitted.

FWIW there’s a lot more to that hot coffee lawsuit that people tend to generalize. It’s worth reading up on it.

It's been mentioned many times that there were "third degree burns". When I long ago read a definition, it said 3rd degree burns involve charred skin. That may not be quite accurate, but something still seems off. When I brew coffee or handle a pot of boiling water in the kitchen, I don't feel as though I'm risking "third degree burns".

When you drive a car you probably don't feel like you're risking fatal road accidents happen either but it happens.

Third degree burns happen with boiling hot water, any boiling water is dangerous and potentially lethal if mishandled. People underestimate the energy stored in that water.

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

#274
post #250

Earlier quoted context omitted.

Except legally, Youtube has no obligation to host these videos, and can take them down on a whim. So a lawsuit has no leg to stand on. While, on the other hand, they do have an obligation to take copyright infringement complaints very seriously - in fact, ContentID came from one of those "expensive lawsuits". You need to change the law first.

> legally, Youtube has no obligation to host these videos, and can take them down on a whim Well, maybe law has to change. For example, in my country if you offer a service to the public you cannot refuse a customer for no reason. It's intended as an anti-discrimination law, but also as a way to protect customers from abuse.

I think you don't understand what the anti-discrimination law means. That law lists reasons which you can't use to refuse service - and you're free to use any other reason to refuse service. This anti-discrimination law most probably does not force all businesses to provide services to everyone but only businesses with physical public presence.

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

#275
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).

Anyone who has even a minor interest in resisting the unfair, uncompetitive playing field big tech has created for itself, should install ad-blockers. Everywhere. And get everyone they know to as well.

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

#276

Earlier quoted context omitted.

> Why do we have push-button screw-people-over systems at all? Because that's the way our shitty representatives in congress wrote the legislation? Google could face real legal consequences for not responding to a DMCA request. They can't face any legal consequences for complying with a false one (DMCA, or their internal contentId system). And companies with the DMCA/ContentId bots sending in these bogus notices know…

This is the whole problem. Sick and tired of people complaining about YouTube/Google. For them to "fix the problem" just for their own platform would cost hundreds of millions of dollars a year in man hours to process every single last takedown request manually with no automation. Each takedown request would take many hours of intervention to resolve properly. Who is going to pay Google's legal department $100+/hour…

Manually processing DMCA takedown requests would be a huge hassle, but this is still on Google - even without the DMCA and just with regular IP law they would still have a system like this if for no other reason than to appease the companies they want on Play Movies / Youtube rentals. They have deals with the MPAA / mafia that certainly include draconian contentID as a prerequisite of you being able to "rent" movies on Youtube.

And Youtube has had for years Netflix-styled stars in its eyes. They want to be cozy with big media and trudging all over their individual creators is business as usual if it gets them favorable deals with the "big boys".

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

#277
Hollywood started on the west coast because it was reasonably out of reach from the copyright and patent claims of the east coast. That's what allowed to a creative industry to start and strive.

Don't be surprised if the next cultural hub happens somewhere far from US IP's clutches.

The guy from this tweet concludes "Not only should you ensure you have complete rights to the music you are using for your videos, but also ensure that you ask about any samples that have been used. Otherwise you could end up in this situation (And you wouldn't want that)"

Creators simply do not have time for this shit. Hell, it requires a specialized lawyer team. Either have a simple process for them to handle that or you will see them fleeing from US-hosted servers.

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

#278
post #188

Earlier quoted context omitted.

I don't understand why popularity, not the type of content, isn't what makes you VIP?

Any VIP program works on the (perceived) social standing that comes from (perceived) exclusivity. YouTube doesn’t want to alienate the traditional celebrities with ties to big media companies; part of that means stocking the VIP pool with only people that those celebrities consider to be their peers.

It's not that. YouTube is very worried about the copyright position of video game streams (ie. The stream clearly shows the copyrighted artwork of the games, unlicensed).

If they don't review the video, they can use the safe harbor provisions. If they look at the content and decide to promote or reward those creators, Google themselves could become liable for that IP infringement on aassive scale that so far is mostly going unprosecuted.

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

#279

Earlier quoted context omitted.

On what grounds? I disagree with Youtube’s actions here, but no one is forcing them to publish on YT.

The competition to youtube is virtually nonexistent. If you're a medium or small content creator (which most youtube creators are), then instead of deciding to go to vimeo you might as well just file for unemployment benefits. And the network effects of youtube will ensure that this continues to be the case. Content creators aren't organised, so a mass exodus won't happen.

So maybe the concept of a medium or small content creator isn't profitable in our current pop-capitalistic system; I guess you are suggesting changing this system, because at the moment this process repeats, what has happened to 1000s of businesses (most recently small farms) in the real world too. Still people elect the ones being paid for by the profiteers very reliably year after year

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

#280

Earlier quoted context omitted.

Someone literally stealing from creators needs to start generating expensive lawsuits for some percentage of cases not managed appropriately. This will inspire more concern on their part.

Except legally, Youtube has no obligation to host these videos, and can take them down on a whim. So a lawsuit has no leg to stand on. While, on the other hand, they do have an obligation to take copyright infringement complaints very seriously - in fact, ContentID came from one of those "expensive lawsuits". You need to change the law first.

There are multiple legs for a suit to stand on, either against Google or the claimants. Bonus points if you registered the works with the corresponding IP department in your country (I think it's the Library of Congress in the US)

Talk to a lawyer

It seems people on the internet try to solve everything with buttons and emails and forget there's a world out there with laws and rights and everything else

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