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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”

#291

Post by icebraining »

sam0x17 wrote: post #141
falcolas wrote: post #112

Earlier quoted context omitted.

A three (or ten, or even 300) strike plan, where they lose the right to make copyright claims in a "guilty until proven innocent" fashion - the company must provide sufficient evidence to YouTube that the content is infringing. They would still have the DMCA process, but they lose rights to use the copyright strike process until they prove their competence.

I completely agree with this. There should be enormous consequences for false reports, and there should be an AI that is designed to understand fair use (It's not fucking impossible).

> an AI that is designed to understand fair use (It's not fucking impossible).

How do you get an AI to evaluate what is "the effect of the use upon the potential market for or value of the copyrighted work" ?

Fair use is hard enough for lawyers and judges.

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

#292

Post by xemdetia »

TeMPOraL wrote: post #286
TheOtherHobbes wrote: post #14

Earlier quoted context omitted.

YT is running the risk of its content creators organising themselves into an industry association with legal and financial teeth, and suing its profits into oblivion.

How big a risk is that really? Exploiting the other side's inability to coordinate seems like a standard business trick these days. All they need to do is to pay attention and do some token changes to the product or ToS every now and then, disrupting any attempt of creators at organizing themselves. They can keep at it forever.

I have never found data on whether or not the YouTube legal entity is an independent thing while the add supplier is a separate entity they can happily say they make no money to take for their other legal exposures that YouTube generates. There's also the fun outcome that tomorrow YouTube is sunset the moment the creators start being properly organized because like you mention the jig would be up.

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

#293

Post by TomMarius »

poizan42 wrote: post #283
TomMarius wrote: post #274

Earlier quoted context omitted.

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.

How do you know how the law works in parent's country?

Because it works the same in most countries, for a good reason. If they were from one of the very few (less than 10) countries where it's that wildly different, I assume they:

1) can't write on Hacker News (more likely)

2) would say it

3) would not use the country as an example of a functioning country

And we don't like Chinese law for a good reason.

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

#294

Post by imtringued »

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…

Yes but he doesn't work for the large media companies that effectively wrote the copyright law. He's merely running a "one man" operation + some support. Destroying these "one man" competitors who can become dangerous to the entrenched business models is part of the strategy.

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

#295

Post by imtringued »

TheOtherHobbes wrote: post #27
caymanjim wrote: post #17

Earlier quoted context omitted.

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.

>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.

This is completely wrong. Youtube can do whatever it wants unless MumboJumbo specifically signed a contract with Youtube to receive guaranteed compensation. The only law Youtube has to follow is the copyright law and it's doing it to the fullest extent possible in this instance.

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

#296

Post by imtringued »

TheOtherHobbes wrote: post #14
RubberbandSoul wrote: post #8

Earlier quoted context omitted.

I think you answered your own question. YouTube is running the risk of turning into a sterile, corporate mall. Soon enough an edgier, more tolerant alternative will pop up and start attracting eyeballs.

YT is running the risk of its content creators organising themselves into an industry association with legal and financial teeth, and suing its profits into oblivion.

What will they sue YT for? The creators aren't employed by YT and therefore YT doesn't owe them a cent. Copyright law doesn't forbid over-blocking or demonetization and the new EU Copyright directive explicitly forbids under-blocking. The only thing those creators can do is leave YT and let it die from a lack of content. They don't have any legal or financial teeth at all.

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

#297

Post by berrynice »

IAmGraydon wrote: post #69
berrynice wrote: post #54

When do we get to the point where people start acknowledging how insane the entire concept of copyright is.

Copyright is necessary and isn’t the problem here. What is the problem is Youtube’s refusal to require any verification when a copyright claim is made. YouTube has essentially created a society that doesn’t abide by due process because it’s a virtual society and therefore isn’t required to follow the same laws that physical societies are held to. This is a symptom of a much more dangerous problem - as we exist more a…

I reject the notion that copyright is necessary, what's necessary is my personal ability to use my devices without random companies being able to use the state to punish me for using an abstract concept that may or may not resemble one that they at some point also used. If you would like to make money from your art there are options such as commisions, but the onus is on you to find a business model that works, it is not for the government to be creating artificial monopolies to facilitate a business model that is incompatible with reality.

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

#298

Post by gatewaynode »

detaro wrote: post #160
Jolter wrote: post #159

Earlier quoted context omitted.

Works are copyrighted automatically under modern law. I'm not aware of any procedure to "formally copyright" a work.

In some countries (including the US) you can additionally "register copyright", and it makes enforcement easier or allows higher compensation, maybe that's what they're referring to. That advice wouldn't help the british creator in this case though.

Correct, in the US there is implicit copyright by default if you include a copyright mark and date and formal copyright through registration. Implicit US copyright doesn't offer much protection, just an ability to tell people to stop using your works. Formal US copyright gives you rapid retort and default judement compensation that's just insane (something like up to $150,000 per infringement). You don't have to be a US citizen to register for a US copyright.

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

#299

Post by imtringued »

marcinzm wrote: post #72
OrgNet wrote: post #63

Earlier quoted context omitted.

Copyright is not fine... it lasts way too long.

Which has nothing to do with copyright the concept but our particular current implementation of it.

You're not going to see any other implementation any time soon.

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

#300

Post by gdy »

marcinzm wrote: post #255
gdy wrote: post #196

Earlier quoted context omitted.

Also communism is fine, a few failed implementations don't prove the opposite.

Socialism is doing quiet well in Europe and seem to provides a much better standard of living for the average person than America's capitalism implementation.

I wouldn't call that a socialism.
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