Buffy vs. Edward Remix Unfairly Removed by Lionsgate
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Buffy vs. Edward Remix Unfairly Removed by Lionsgate
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Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#2Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#3Basically it looks like YouTube is too scared of lawsuits to acknowledge any fair use rights exist at all. Either you agree with ads, or your content is getting removed, the whole appeals process may work only if the content is not actually copyrighted, but is completely useless for fair use grounds as claimant can just repeat their claim of copyright ownership (which is true) and have it deleted anyway.
The role of YouTube in this dispute has been simply to provide a platform for the parties to work it out. YouTube is not the organization that is denying the fair use claim, Lionsgate is.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#4Basically it looks like YouTube is too scared of lawsuits to acknowledge any fair use rights exist at all. Either you agree with ads, or your content is getting removed, the whole appeals process may work only if the content is not actually copyrighted, but is completely useless for fair use grounds as claimant can just repeat their claim of copyright ownership (which is true) and have it deleted anyway.
It's not that they fail to acknowledge fair use, it's that they err on the side of being restrictive in every situation because the law tells them to do so. When a DMCA takedown is filed they need to respond by removing the purportedly offending content. It's not their responsibility to mediate or investigate the claim. The number of takedown notices submitted also make that impossible.
On the other hand, laws exist to prevent people from submitting takedown notices in bad faith. Lionsgate doesn't have a claim of copyright ownership, the author has copyright. The author uses materials that were authored in a production that Lionsgate now has rights to, but the new production is a new work that uses elements that it has legal right to use.
I think that the fact that they once claimed audiovisual copyright and then dropped that when the term expired and claimed a second time for visual copyright is evidence that they are abusing the automated controls of youtube and acting in bad faith. If they weren't, they would have been justified in delivering a legal copyright notification to have the video taken down when the first appeal was filed.
Instead they dropped the claim and issued another, slightly different claim to abuse the mandated automated system.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#5Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#6Basically it looks like YouTube is too scared of lawsuits to acknowledge any fair use rights exist at all. Either you agree with ads, or your content is getting removed, the whole appeals process may work only if the content is not actually copyrighted, but is completely useless for fair use grounds as claimant can just repeat their claim of copyright ownership (which is true) and have it deleted anyway.
Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#7Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#8Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#9Re: Buffy vs. Edward Remix Unfairly Removed by Lionsgate
#10So they got advertisment money based off something that was 2/3 content owned by another big media company?