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YouTube takes a stand against false Copyright Claims


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A day of reckoning has come. YouTube, or rather Google, is stepping up and actively pursuing copyright trolls. It may not affect every content creator, but it does set a tone in hopes of deterring many of the false claims filed. This goes for all claims under Fair Use.

 

http://googlepublicpolicy.blogspot.com/2015/11/a-step-toward-protecting-fair-use-on.html?m=1

 

The original story from Kotaku:

 

 

If you publish videos on YouTube, it’s a chance to share creations with an enormous audience. But thanks to a legal system stacked in favor of corporations, it’s also a treacherous landscape where a copyright takedown notice can result in your channel getting deleted. Now, YouTube is fighting back.

 

In short, YouTube wants to defend fair use. For a handful of videos, YouTube will refuse to comply with takedown notices and leave the videos on the site. It’ll even cover legal costs—up to $1 million—to defend the video in court.

(It’s worth noting that the videos will only stay online in the US.)

 

http://kotaku.com/youtubes-finally-starting-to-change-their-disastrous-co-1743518771

 

While all content creators may not be able to celebrate just yet, this certainly establishes new precedent for filing claims. Copyright owners bear the burden of proof for infringement, and this will definitely make the trolls think twice before filing.

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i've had a bunch of these dickheads claim copywrite on my own videos and Youtube only reversed it twice, i had to re-upload the videos

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Youtube Red.

yeah but I mean, is that some kind of joke?

with Red they expect people to pay 10 dollars a month in order to bypass ads and have the ability to download videos... both of which you can do for free with just a couple of Firefox addons. who is going to pay for Red besides your grandparents?

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It's exclusive content as well.

 

Not that I'm planning on subscribing; I barely use Youtube as is.

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Xing of Virtue

About time.

 

🔮

Edited by Xing of Virtue
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with Red they expect people to pay 10 dollars a month in order to bypass ads and have the ability to download videos... both of which you can do for free with just a couple of Firefox addons. who is going to pay for Red besides your grandparents?

It's still a violation of their terms of service from which youtube has the ability to take action against you. While the actual legality of your actions may differ from country to country, I highly doubt you'll ever get into any trouble if you don't have the intention to redistribute or make a profit of it

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About time. I don't know how many Documentaries I could have watched if they weren't taken down.

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So which videos will they do this for? Is it all videos under fair use, or just a handful?

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So which videos will they do this for? Is it all videos under fair use, or just a handful?

Im pretty sure this is referring to all videos, especially the ones that are taken down on technicalities. Say you upload a video that has part of a copyrighted song playing in the background, that video could be reported and have the audio muted and/or taken down even though the song was not the focus of the video. Now that they have done this, that shouldnt be a problem any more. As long as you dont have blatant copyright infringment on your channel, you should be good.

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who is going to pay for Red besides your grandparents?

All those pewdiepie-like channel fans.

In short popular let's players with over 5 or 10 million subs.
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So which videos will they do this for? Is it all videos under fair use, or just a handful?

 

From what I've heard, only a select handful of huge content creators will be legally protected, such as Jim Sterling and Pewdiepie. Channels like mine, where I post gaming montages w/ copyrighted music, are not protected, but I do no monetize my content, so I work in a very grey area of Fair Use. Still, the copyright claims are ridiculous and are part of a bigger scheme by copyright trolls to disrupt all content on YT for the slightest infraction.

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So which videos will they do this for? Is it all videos under fair use, or just a handful?

 

Im pretty sure this is referring to all videos, especially the ones that are taken down on technicalities. Say you upload a video that has part of a copyrighted song playing in the background, that video could be reported and have the audio muted and/or taken down even though the song was not the focus of the video. Now that they have done this, that shouldnt be a problem any more. As long as you dont have blatant copyright infringment on your channel, you should be good. So does this mean we can finally upload Prince videos without thee above consequences? Or it's that up to the artist to allow / disallow which content can be promoted on YTR? I'm confused.
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It's about f*cking time. I've had this happen to some videos I had on my old channel, and it was quite frustrating. On a similar note, I really think YouTube are getting their act together, seeing as they are taking a stand to this as well as removing Google+ as a requirement for YT.

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Spaghetti Cat

 

So which videos will they do this for? Is it all videos under fair use, or just a handful?

 

From what I've heard, only a select handful of huge content creators will be legally protected, such as Jim Sterling and Pewdiepie. Channels like mine, where I post gaming montages w/ copyrighted music, are not protected, but I do no monetize my content, so I work in a very grey area of Fair Use. Still, the copyright claims are ridiculous and are part of a bigger scheme by copyright trolls to disrupt all content on YT for the slightest infraction.

 

Yeah that is kinda a grey area. Usually people are about the money, but sometimes it's the principal of the thing. My best advice is to find the copyright holder (ASCAP, BMI, etc.) and contact them directly. Worse thing that they can do is say no. There are artists out there like Moby that allow for fair use of his music. Another option is to use local or independent artists since they are most likely to allow use if it helps promote them or their music.

 

Just don't steal, it's bad for the artist and the industry.

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I think if anything, my non-commercial use of music in montages is simply free advertising, but I can understand why it's still infringement. The music can be a major part of the work, especially when it syncs up with actions in the montage.

 

Still, there is case law that supports the use of copyrighted music in videos, where the a woman posted a video of her child dancing to a Prince song. The court decision was as follows:

 

 

Based on Prince's and Universal's statements, Lenz argued that Universal was issuing takedown notices in bad faith, as they attempted to remove all Prince-related content rather than considering whether each posting violated copyright, and in particular was a non-infringing "fair use." Universal expressed concerns over the fact-intensive investigation and subjective results of determining whether a potentially infringing use falls under the general "fair use" doctrine.

 

The district court held that copyright owners must consider fair use before issuing DMCA takedown notices. Thus, the district court denied Universal's motion to dismiss Lenz's claims, and declined to dismiss Lenz's misrepresentation claim as a matter of law. The district court believed that Universal's concerns over the burden of considering fair use were overstated, as mere good faith consideration of fair use, not necessarily an in-depth investigation, is sufficient defense against misrepresentation. The court also explained that liability for misrepresentation is crucial in an important part of the balance in the DMCA.

 

So, for a company to go blindly filing claims without providing justification for each video forces them to now consider every video. Blanket statements w/ DMCA notices may no longer cut it.

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YES!

 

YouTube Poop will finally be saved, we are rescued.

 

So many people died of copyright issues, may they rest in peace.

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Richard Power Colt

I guess sh*tty indie devs can no longer take down videos, because they got salty from legit criticism.

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  • 3 weeks later...
Reformed Squid

I've seen some legit show reviews get taken down due to some bullsh*t Fox copywrite claims, so this is good to see.

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