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CBS gets YouTube review of 'Picard' taken down for using 26 seconds

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Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#21

Post by caconym_ »

blackearl wrote: post #12
monadic2 wrote: post #8

At what point can you file a suit for bad faith DMCA claims?

I thought youtube had their own internal DMCA-lite process so you can't make use of DMCA abuse countermeasures

Ultimately I think the YT process leaves the door open for legal action by the creator against the claimant.

Presumably most don't bother, because these are big big companies. They can feel secure in their bad faith claims, auto-rejection of appeals, and general abuse of the system to garnish monetization proceeds.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#22

Post by j-c-hewitt »

monadic2 wrote: post #8

At what point can you file a suit for bad faith DMCA claims?

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 claimable. There is a tendency among people to misjudge their actual risk and whether or not they infringed, so it is unwise to file these counter claims without advice from an attorney.

You can also file in your local jurisdiction for declaratory judgment if you receive a formal cease and desist notice, and if that C&D contains false claims then the plaintiff may be in trouble. A truly false and malicious DMCA claim can be countered with a defamation lawsuit as well.

You can also sue someone for any reason ("It's Tuesday! I hate you! I'm suing you!") at any time, but that doesn't mean that you will win.

Using short clips of the trailer for review purposes is clearly fair use. Often times, however, Youtubers think fair use protects them more than it actually does and do go overboard such as taking entire TV episodes and commenting over them. However different judges have seen the issue differently in different situations. So, if you really did infringe, but think you didn't, and file the counter claim, you are doomed, and copyright law is very generous to victorious plaintiffs.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#23

Post by henryfjordan »

legitster wrote: post #11
warent wrote: post #6

I really dislike DMCA takedowns, but am I the only one who thinks 26 seconds is actually quite a long time--especially for a product of this caliber? That represents basically a full teaser trailer.

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 underlying work as possible. If this was a 30s trailer and he used 26s of it, that's a lot, but again 40m of discussion on top of that probably warrants it.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#25

Post by munk-a »

riffic wrote: post #2

edit obviously I didn't catch a detail in my comment. Please stop downvoting this. Automation fails to discern fair use. The YouTuber should file a DMCA counterclaim, but many youtubers are unsophisticated enough in copyright law to do so.

The way YouTube does copyright claims is actually an extra-legal process that's strictly harsher than the DMCA - so usually there is no DMCA claim to counterclaim on.

Additionally, strikes on accounts appear to be immutable and can seriously threaten a creator's revenue source so, while it sounds nice to encourage people to stand up for their rights, it's almost never in their interests to oppose the claim. Yes this absolutely is an issue where copyright owners can file baseless claims and assume they'll be obeyed anyways but trying to resist it as an individual is futile... honestly YouTubers need to unionize at some point and let their collective power force better enforcement rules for copyright violations.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#26

Post by jandrese »

warent wrote: post #6

I really dislike DMCA takedowns, but am I the only one who thinks 26 seconds is actually quite a long time--especially for a product of this caliber? That represents basically a full teaser trailer.

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.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#27

Post by macinjosh »

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 like: floatplane.com and watchnebula.com

Support creators you care about or they may not be around much longer.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#28

Post by monadic2 »

j-c-hewitt wrote: post #22
monadic2 wrote: post #8

At what point can you file a suit for bad faith DMCA claims?

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.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#29

Post by adamc »

henryfjordan wrote: post #18

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…

Yep. Google is evil, like most other big companies. So it goes.

Re: CBS gets YouTube review of 'Picard' taken down for using 26 seconds

#30

Post by oh_sigh »

warent wrote: post #6

I really dislike DMCA takedowns, but am I the only one who thinks 26 seconds is actually quite a long time--especially for a product of this caliber? That represents basically a full teaser trailer.

It was literally 26 seconds from the teaser trailer in 2 13 second chunks.
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