Is this all because of bad American law, or is youtube proactively being bad in their moderation process?
Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
121–130 of 503 posts
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#122This is really bad! YouTube should find ways to respond to misclaimed tracks as a creator. Also companies / individuals that claim public domain music should be banned from the platform.
Or creators should promote public domain platforms like archive.org instead of complaining that a commercial platform is run like that
And what exactly would that solve? Now you've shifted the problem to a different organisation without addressing the actual issue: bad actors and copyright trolls being asymmetrically favoured over content creators.
Being a non-profit organisation doesn't make you immune from frivolous lawsuits...
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#123Earlier quoted context omitted.
you're fundamentally misunderstanding the purpose of the copyright claim system: it doesn't exist to determine the legitimate owner of a work, it exists to keep youtube from being sued . Since there is no legal penalty for a "false positive", even if the creator can prove that it's a false positive, while there is a penalty for a false negative, the system will always lean to aggressive removal and demonetization, be…
> Since there is no legal penalty for a "false positive", I’m really confused by that part: YouTube lawyers must know that there’s a significant risk they’ll piss of a someone like a law professor and that they’ll use all their faculty to go after what is essentially fraud: there are provisions in the CDMA precisely for that, and the platform is liable for indulging those in systematic cases. Even if it’s not, they a…
> there are provisions in the CDMA precisely for that, and the platform is liable for indulging those in systematic cases.
(assuming you mean DMCA) Yes, that has provisions, but YT copyright claims are explicitly not DMCA claims. This is intentional to both protect the content creator (lawsuits are expensive!) and YouTube.
> YouTube lawyers must know that there’s a significant risk they’ll piss of a someone like a law professor and that they’ll use all their faculty to go after what is essentially fraud:
YouTube can ban you from the platform at any time for any reason. While it's not good publicity, you don't have a legal right to be on YouTube or receive money from them.
> Even if it’s not, they are risking a change in law.
I doubt Google is happy with the status quo, actually, since it is not good for their creators. But with the system being as it is, they're doing what's best for them.
> Compared that PR nightmare to having an engineer spend a few days to hack a “public domain” user that automatically accepts re-use, or re-train to distinguish interpretations from copies… I feel like I’m missing something
For one, recognizing this music is not an easy problem. You'll need to be accurate in a wide variety of cases, lengths and qualities, which in itself is already very hard. But, just because it's that piece, it's not necessarily free: Recordings of these songs can be copy-righted. For example, Beethoven's music itself is free, but the recording performed by the Sydney opera is not. So you need to decide whether the uploader has rights to this specific recording, which is nearly impossible.
And this is just the easy case. Fair use, for example, is a very gray area and something which can take courts years to decide. Same on whether a piece is derivative or different enough to be its own work. There is no chance for Google to automate away any of this.
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#124Earlier quoted context omitted.
> Ok. that's the way Google thinks is the way it should work. Or maybe they just recognize that their AI is causing more harm than good. Let's be clear. It is not Google that wants it. Actually Google is on the side of calling all of this retarded. It is the state of copyright laws, of the DMCA, of the lobbying by the RIAA. The day the whole copyright ecosystem is updated to accept that computers exist and that peopl…
Parent comment was also referring to YouTube's AI marking a benign video as 18+. Google is willing to wrongly punish people via excessive/unfair false positives in the interest of trying to be more advertiser friendly. It's just about money.
Well, false positives result in fewer scandals than false negatives here.
So guilty until proven innocent seems like a perfectly reasonable, if very annoying, stance.
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#125Earlier quoted context omitted.
I sympathise with her. I had a copyright claim on one of my YouTube videos (I’m totally small potatoes, handful of vids with dozens of views). I made a video of myself playing my own unique interpretation of The Safety Dance by Men Without Hats on piano. https://youtu.be/ZNfMZ6g9YWo I got a copyright violation notice shortly after posting it, by some random Latin American music company. It wasn’t clear if it was legi…
Covers of songs, even if the covers use completely new styles are protected by copyright law and therefore can risk being claimed by YouTube's system: https://www.legalzoom.com/articles/posting-cover-songs-on-yo...
I guess you need to make it a parody to be in the clear?
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#126Summary for those that don’t want to watch the video : - Pianist creates YouTube video demonstrating how to play Beethoven’s Moonlight Sonata - part of this video includes her playing Moonlight Sonata (of course) - YouTube has a new ‘feature’ that scans submitted videos prior to publication to identify potentially copyrighted material - her video is found to include copyrighted material. She is certain this is a mist…
Upload videos to her own website. Problem solved.
Then you get sued instead of youtube.
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#127Is this all because of bad American law, or is youtube proactively being bad in their moderation process?
It's a problem of scale. It's perfectly possibile to manage a few hundred disputes on a daily basis, but with >5000 uploads per minute, it becomes impossible to do manually.
The worst part is the asymmetry between claimants and creators. But that's the fucked up nature of civil law - the burden of proof is reversed.
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#128I used to have a bunch of time lapses on YouTube- my office for a few years was above the ferry docks in Seattle. I chose music from the YouTube collection of free music for background music. I have copyright claims on all of them now; I’ve taken almost all of them down. https://youtu.be/TgzqOvTvWzw As an example
btw I loved your video and I would prefer to see them even without music. I can play guitar while watching or play some other music in background.
thanks - I appreciate that.
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#129Earlier quoted context omitted.
Upload videos to her own website. Problem solved.
Must be a bot. No one with a brain would actually think to post this.
Disagreeing is more than fine, but accusing people of being bots or lacking a brain doesn't add to the discussion.
(The parent comment wasn't the best comment, ever, I agree.)
Re: Piano teacher gets copyright claim for Beethoven’s Moonlight Sonata [video]
#130Why don’t people upload the video from one account, and then claim copyright infringement from another account, and then intentionally drag out the appeals process as a form of defense against baseless claims?