41–50 of 188 posts
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26 seconds of a 50 minute show? 0.87% of the show is too much for fair use? I suspect you will in fact be one of the very few who thinks that is too much.
Not of a 50 minute show, it was footage from the trailer itself.
I am seriously surprised how long it is taking for YouTubers to realize the YouTube platform is failing them and in some cases it is pitted against them. When you get down to brass tacks they only care about their advertisers. CBS is a big advertiser and partner for YouTube so they and those like them will always win. Social and legal norms be damned I do get encouraged when I see some creators going their own way li…
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It was a 40 minute video. 26 seconds is barely anything. Not that it should matter for the purposes of fair use. > especially for a product of this caliber Do more valuable IPs get more legal rights? Or is the implication that this property transcends normal importance?
To use copyright material as fair-use you [edit: usually] need to transform the work or add value in some way. A reaction video where you show the full trailer and just say "wow" would not be protected. 40 minutes of discussion is almost certainly enough. There's a balance though, and the more "valuable" or "hot" the IP is the higher the bar is probably going to be set. You also have to use as little of the underlyin…
This is not true. Transformative use is just one of four factors a court would look at to determine whether a use is fair or not (see https://fairuse.stanford.edu/overview/fair-use/four-factors/). A use doesn't have to have all four factors apply to it in order to be fair. Transformative uses are more likely to be judged as fair than non-transformative ones, but there can be cases where non-transformative uses are fair.
(And even putting that aside, using a portion of a copyrighted work in order to create a new, unique work commenting on it could be considered transformative of the original.)
It has been restored, AFAIK.
Youtube has it's own system outside of the DMCA to handle copyright claims in which the claimant has all the power. If the poster of a video wants to appeal a copyright claim, they appeal directly to the claimant who gets to decide. You can then appeal to YT directly (good luck with that) but in the meantime the claimant can issue a "strike" on your account. 3 strikes and you are out. So instead of fighting claims, p…
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Some claimants are so hilariously (or nefariously?) wrong too. My partner uploaded a video of her playing Greensleeves on violin. Though it only has about 10 views, it received a claim from some random company in the states. Greensleeves was written sometime in the 16th century. That a company set themselves up an automated tool to search for people playing this song tells me that they are either idiots, or greedily…
> they are either idiots, or greedily trying to steal revenue from YouTubers. Third option: some record label set up an automated system and indiscriminately fed it all the music they've produced. They didn't consider the edge case of "recordings we own of public domain songs."
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You can file a counter claim through Youtube: https://support.google.com/youtube/answer/2807684?hl=en Generally this should be done under advice of an attorney, because these counter notices set a ticking clock of ten business days during which the copyright holder must either sue the Youtuber for copyright infringement or the complaint will be cancelled. Not all Youtube claims related to copyright are counter claima…
> because these counter notices set a ticking clock of ten business days during which the copyright holder must either sue the Youtuber for copyright infringement or the complaint will be cancelled. What about damages to the target of the claim? It doesn't seem like there's a penalty for bad-faith claims that wouldn't ever lead to a suit.
Be funny if that guy sued CBS in some small town court, I doubt they'd even show up though or argue they don't have jurisdiction over them if no offices there, and I doubt an affiliate would count but maybe. Oh looks like Joe is from Austin, Texas so a pretty big city then, so not sure if CBS has anything other than an affiliate owned by third party company, but I know states in the past said having affiliates create Nexus for sales tax purposes. I was part of a fitness related affiliate program but never made any money with it years ago, and my state created one of those click-through nexuses so the company decided just to kick me out of the program based on the state in my profile.
Then if your tortious interference claim could be valid, and since YouTube has some processes (including automated ones) that side steps and goes well beyond what the DMCA requires, I wonder if YouTube along with CBS also would be opening themself up to additional legal liabilities then.
Be nice if people would stand up to legal bullies more, but sadly the justice and the legal system are not blind as they say and costs to access so it seems like unbalanced powers that favor both the government and corporations over individual citizens.
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What did they do wrong in this case?
They intentionally created the system that allows this sort of abuse to happen? If you don't hold Google responsible for giving a few megacorps carte blanche to remove any content on YouTube that they don't like, who would you hold responsible?
CBS All Access needs the publicity - good or bad, Joe guy is doing them a favor. Hulu has The Orville which I think has proven definitively that anyone can take the Star Trek formula and pump out a watchable show. Who needs CBS?
Youtube has it's own system outside of the DMCA to handle copyright claims in which the claimant has all the power. If the poster of a video wants to appeal a copyright claim, they appeal directly to the claimant who gets to decide. You can then appeal to YT directly (good luck with that) but in the meantime the claimant can issue a "strike" on your account. 3 strikes and you are out. So instead of fighting claims, p…
I wonder if this will be the undoing of YT. If large content creators start inserting segments saying, "I can't show the clip here, but if you go to my vimeo channel , you can see the full review." That will offer people a segue off of YT.