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Game Critic Uses Workaround for YouTube's Copyright System (2016)

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Re: Game Critic Uses Workaround for YouTube's Copyright System (2016)

#3
This kind of "gaming" (ha!) the system has been around for a while now - another channel (Internet Comment Ettiquette) had a video called the "Copyright Claim Olympics" which featured a whole bunch of different types of content from many different copyright holders (olympic footage, movie footage, music videos, distorted audio/video, etc. etc. even mixed and dubbed over each other in order to make it even more difficult for content ID) to the tune of "if I can't have my ad revenue for my other videos that were clearly fair use/parody, nobody can have any ad revenue, fuck you Youtube content ID claim abusers!"

Unfortunately it was taken down (probably 20+ copyright holders complaining about a single video forced Youtube to do something about it) but can still be found on Vimeo with a simple Google search.

Re: Game Critic Uses Workaround for YouTube's Copyright System (2016)

#5
post #3

This kind of "gaming" (ha!) the system has been around for a while now - another channel (Internet Comment Ettiquette) had a video called the "Copyright Claim Olympics" which featured a whole bunch of different types of content from many different copyright holders (olympic footage, movie footage, music videos, distorted audio/video, etc. etc. even mixed and dubbed over each other in order to make it even more diffic…

Yes, that's the exact same trick as Jim Sterling's "Copyright Deadlock".

Re: Game Critic Uses Workaround for YouTube's Copyright System (2016)

#7
IANAL, But doesn't monetizing the video and giving the proceeds to the claimant of the original copyright (nintendo) consitute infringement against the derivatives work author(Jim), assuming that the derivative work falls under fair use? Shouldn't Jim be able to sue both nintendo and youtube?

Re: Game Critic Uses Workaround for YouTube's Copyright System (2016)

#8

IANAL, But doesn't monetizing the video and giving the proceeds to the claimant of the original copyright (nintendo) consitute infringement against the derivatives work author(Jim), assuming that the derivative work falls under fair use? Shouldn't Jim be able to sue both nintendo and youtube?

> Shouldn't Jim be able to sue both nintendo and youtube?

Sure. And if he had infinite time and money, he might even win.

Re: Game Critic Uses Workaround for YouTube's Copyright System (2016)

#9

IANAL, But doesn't monetizing the video and giving the proceeds to the claimant of the original copyright (nintendo) consitute infringement against the derivatives work author(Jim), assuming that the derivative work falls under fair use? Shouldn't Jim be able to sue both nintendo and youtube?

This falls apart as soon as it encounters the Terms of Service. https://www.youtube.com/static?gl=GB&template=terms

> the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service

> By providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use that Content (including to reproduce, distribute, modify, display and perform it) for the purpose of operating, promoting, and improving the Service.

> You also grant each other user of the Service a worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use that Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service.

Once you upload something of yours to Youtube, your only recourse is to take it down again.

Re: Game Critic Uses Workaround for YouTube's Copyright System (2016)

#10
So if I understand correctly:

1. Youtube makes money from ads.

2. Jimquisition is funded from Patreon, and despises ads on his content.

3. To resolve this paradox, Jim has found a way to (allegedly) infringe on multiple parties' copyright

4. Youtube's technology doesn't allow multiple monetizers, and therefore in this situation allows none.

If Jim disagrees with the funding stategy of YouTube, why bother with YouTube at all? Is free riding on youtube video distribution that valuable?

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