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Can Beethoven send takedown requests?

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Re: Can Beethoven send takedown requests?

#182
post #135

Earlier quoted context omitted.

Welcome to the DMCA. It's as broken as copyright and causing quite serious stifling of young creators. It sometimes feels like it's used more for evil than for its legitimate purpose.

Takedown notices on Youtube are not handled under DCMA. DCMA has protections against false accusations.

More like "DMCA theoretically has protections against false accusations, but instances of people being held accountable are extremely rare."

Knowingly making a false DMCA claim is perjury, and IMO it should be treated as such. Instead companies send out automated claims in the thousands and then come back with "but we didn't know it was wrong, it was the bot!" and get away with it.

Re: Can Beethoven send takedown requests?

#183

It seems to me that a big part of the problem is that Google is focusing on this the wrong way. Rather than automatically assume that ContentID is correct and notifying the user, it should instead notify the supposed owner of the music, and let them decide whether or not to make a claim. If the "owner" makes too many false claims then they should be banned form the service.

I think this would require Google to care, which they clearly do not.

Re: Can Beethoven send takedown requests?

#184
post #50

Earlier quoted context omitted.

The main argument I can accept for copy right is that it allows for people to pool their tiny amount of money to vote for the kind of music they like so it is more democratic than a patron-focused model where authors and musicians would need to cater to a few patrons' tastes. However, even though most of the money remains concentrated at the top, we no longer have this problem. It is fairly easy to support your favor…

> Imagine the innovation at Spotify if there were no copyright! None, because Spotify would go out of business overnight as people stole their source code.

The value of Spotify isn't in the source code just like the value of Google cloud or AWS isn't. Someone still needs to offer it as a service.

Re: Can Beethoven send takedown requests?

#185

Earlier quoted context omitted.

YouTube partners can upload a collection of files they claim rights on, and a YouTube bot will check any newly published video against anything in that database. It's all automated. They don't verify if the claimant actually has the rights, this is left to the "dispute" process. Sometimes multiple companies upload the same files. Sometimes the algorithm has false positives because the section of audio used is too sho…

Sometimes they use your work in theirs, upload it and have YouTube flag your original as infringing. I have to wonder why anybody still uses YouTube. It can't be the community.

Centralization.

Re: Can Beethoven send takedown requests?

#186
post #135

Earlier quoted context omitted.

Takedown notices on Youtube are not handled under DCMA. DCMA has protections against false accusations.

More like "DMCA theoretically has protections against false accusations, but instances of people being held accountable are extremely rare." Knowingly making a false DMCA claim is perjury, and IMO it should be treated as such. Instead companies send out automated claims in the thousands and then come back with "but we didn't know it was wrong, it was the bot!" and get away with it.

[deleted]

Re: Can Beethoven send takedown requests?

#187
Jim Sterling has done a brilliant job at explaining how broken the YouTube Content ID system is, and how to prevent these companies from monetizing your work (though you don't get to run ads on the videos either).

Possibly NSFW: https://www.youtube.com/watch?v=cK8i6aMG9VM&t=20s

Re: Can Beethoven send takedown requests?

#188
post #60

Earlier quoted context omitted.

Who was sending these notices? Sounds like perjury to me.

> Who was sending these notices? There's lots of them. The most notorious one I had to deal with was Adrev. There are reports of people getting notices from AdRev for videos that don't even have any music in them. [1] [1] https://productforums.google.com/forum/#!topic/youtube/42xLe...

Is this a new evolution of patent trolling? Except you don't even need a patent anymore...?

Re: Can Beethoven send takedown requests?

#189
post #135

Earlier quoted context omitted.

Takedown notices on Youtube are not handled under DCMA. DCMA has protections against false accusations.

More like "DMCA theoretically has protections against false accusations, but instances of people being held accountable are extremely rare." Knowingly making a false DMCA claim is perjury, and IMO it should be treated as such. Instead companies send out automated claims in the thousands and then come back with "but we didn't know it was wrong, it was the bot!" and get away with it.

Having bots flagging videos is the source of the issue in the first place, there should be a captcha and DCMA requests should be manual.

Re: Can Beethoven send takedown requests?

#190

Earlier quoted context omitted.

I absolutely agree with this. There is a human right to be a storyteller, to reimagine characters and themes, to expand settings and genres. To sit around the campfire and make new stories of King Arthur and Lancelot, new stories about Sherlock and Watson, new stories about Harry and Hermione. Copyright is supposed to be a balance between the author and society. In exchange for releasing the full body of the work, th…

> There is a human right to be a storyteller, to reimagine characters and themes, to expand settings and genres. To sit around the campfire and make new stories of King Arthur and Lancelot, new stories about Sherlock and Watson, new stories about Harry and Hermione. Although I disagree that this should be considered a human right, isn't this generally covered by fair use in the US anyways?

No, from my understand of current US copyright law (not a lawyer), this would be considered either a performance or a derivative work, depending on whether it is exactly reproduced. Neither of those are under fair use.
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