I think YouTube has made people forget how draconian the DMCA is. YouTube made a special deal with the studios where copyright disputes would be handled by takedowns and demonitization instead of lawsuits against individual posters—on any other site, posters could potentially be exposed to damages in the hundreds of thousands of dollars.
The YouTube deal isn’t “instead” of the DMCA; it’s in addition to it. Copyright holders are free to bypass it if they like, and posters are (at least in theory) able to file a counterclaim against the takedown and force the copyright holder to use the DMCA process instead of letting Youtube have the final say.
The DMCA is draconian but YouTube’s system is insidious. The DMCA forces YouTube to take down content upon receipt of a valid takedown notice but it also requires it to put the content back up within 10 days of a counter-notice, at which point if the original complaining party wants to do more they can take it to court.
In contrast, YouTube’s content ID and manual copyright claim system can be more lenient in that it’s less likely to wind up in court as the rights holder can simply demonetize the content or divert monetization to them. However it’s open to a lot of fraud, abuse, conflicts of interest, and Kafkaesque appeals systems.
I have a friend who has ~1M subscribers. He specifically licensed music from an artist for his video intro and outro. Now, every few months out of the blue he gets dozens to hundreds of Content ID claims from obscure music rights management companies who have added remixes of that work to their Content ID databases. Monetization is instantly diverted to these companies. He appeals. The money is not held in escrow pending appeal – the company gets to keep it no matter what. So the first couple of appeals get decided by the company claiming the content. Usually about a week or two later he gets actual YT support to help or he causes enough stink on social media that a YT rep will look at it and fix it. But he’s lost thousands of dollars over this shit.
Pretty sure the DMCA claims take the material down and give you a copyright strike. And not everyone has access to the other system that can affect monetization.
The only example I’ve seen of this being possible is making some unique song/sounds and putting them in the video, signing up with one of the rights management companies that does have access, and then claiming your own content. Still not perfect as they take a fee and a cut of “recovery” iirc.
This feels significant: Disney has officially retracted a copyright claim on a third-party’s Steamboat Willie video on YouTube.
It’s not significant, that’s how it works. It went into the public domain and the copyright strike process took time to adjust. Disney was never going to fight this.
Just as significant (and I suppose still pending) is whether YouTube has re-monetized the video. Systems fail and shit happens, and I’m glad to see that this was quickly un-struck, but it’s not all the way corrected until he’s making his $.0003 per view or whatever the payout is.
The title/article isn’t about the damage its doing to people using it. It’s implying that Disney is going to actively give trouble to people using it, when it was nothing other than a mistake that was bound to happen anyway.
I’m not saying it didn’t significantly impact the creator, I’m saying Disney backing off the bad claim is not significant. It’s what Disney was always going to do, it’s just that “Disney and youtube accidentally flag Steamboat Willie stuff” isn’t as clickbaity. .
Rather than making money, the deprioritization of a copyright claimed video can cost a channel a significant amount of views and potential subscribers, so even if you’re not making money off that specific video, it’s still a significant impact.
Well, one problem is that YouTube’s whole “Content ID” process happens specifically outside of copyright law. Google will gladly take down videos without actual copyright problems and they actively shield trolls (normally, a wrong copyright claim is a crime), because it means they won’t have to go to court.
So, it would theoretically be possible for Disney to continue the Content ID claims, even if they’d lose a copyright claim in court.
Google would eventually tell them to fuck off, i.e. to take it to court, but only if the case is clear enough.
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there should be a mainstream video site that doesn’t respect copyright whatsoever
lol i love that this inspired 20 downvotes. thank you for sticking up for our sacred, beloved DMCA
Could you elaborate as to why you feel that a mainstream platform should exist which doesn’t care if the content uploaded to it is stolen?
I get DMCA trolling, and that fucking sucks, but copyrights are important for the artists and creators trying to make a living from making content.
I think YouTube has made people forget how draconian the DMCA is. YouTube made a special deal with the studios where copyright disputes would be handled by takedowns and demonitization instead of lawsuits against individual posters—on any other site, posters could potentially be exposed to damages in the hundreds of thousands of dollars.
The YouTube deal isn’t “instead” of the DMCA; it’s in addition to it. Copyright holders are free to bypass it if they like, and posters are (at least in theory) able to file a counterclaim against the takedown and force the copyright holder to use the DMCA process instead of letting Youtube have the final say.
The DMCA is draconian but YouTube’s system is insidious. The DMCA forces YouTube to take down content upon receipt of a valid takedown notice but it also requires it to put the content back up within 10 days of a counter-notice, at which point if the original complaining party wants to do more they can take it to court.
In contrast, YouTube’s content ID and manual copyright claim system can be more lenient in that it’s less likely to wind up in court as the rights holder can simply demonetize the content or divert monetization to them. However it’s open to a lot of fraud, abuse, conflicts of interest, and Kafkaesque appeals systems.
I have a friend who has ~1M subscribers. He specifically licensed music from an artist for his video intro and outro. Now, every few months out of the blue he gets dozens to hundreds of Content ID claims from obscure music rights management companies who have added remixes of that work to their Content ID databases. Monetization is instantly diverted to these companies. He appeals. The money is not held in escrow pending appeal – the company gets to keep it no matter what. So the first couple of appeals get decided by the company claiming the content. Usually about a week or two later he gets actual YT support to help or he causes enough stink on social media that a YT rep will look at it and fix it. But he’s lost thousands of dollars over this shit.
He should make DMCA requests to himself from an outside source so it pre-emptively locks up the request system.
Pretty sure the DMCA claims take the material down and give you a copyright strike. And not everyone has access to the other system that can affect monetization.
The only example I’ve seen of this being possible is making some unique song/sounds and putting them in the video, signing up with one of the rights management companies that does have access, and then claiming your own content. Still not perfect as they take a fee and a cut of “recovery” iirc.
There have been many. Their creators are spending decades in jail.
Tiktok?
I believe the words you are looking for is “Linux isos”
There is, it’s called the Pirate Bay.
The article hides it in the update.
It’s not significant, that’s how it works. It went into the public domain and the copyright strike process took time to adjust. Disney was never going to fight this.
Just as significant (and I suppose still pending) is whether YouTube has re-monetized the video. Systems fail and shit happens, and I’m glad to see that this was quickly un-struck, but it’s not all the way corrected until he’s making his $.0003 per view or whatever the payout is.
deleted by creator
Start reading, please:
https://en.wikipedia.org/wiki/Public_domain_in_the_United_States
Of course YouTube should be able to put ads on it. That’s public domain. You can do with it whatever you want.
It’s still significant because being demonetized kills a video in the algorithm and even if the claim is reversed you don’t get that back
The title/article isn’t about the damage its doing to people using it. It’s implying that Disney is going to actively give trouble to people using it, when it was nothing other than a mistake that was bound to happen anyway.
I’m not saying it didn’t significantly impact the creator, I’m saying Disney backing off the bad claim is not significant. It’s what Disney was always going to do, it’s just that “Disney and youtube accidentally flag Steamboat Willie stuff” isn’t as clickbaity. .
I’m sorry, but if you were expecting to make an amount of money from Steamboat Willie on Youtube at this point, prepare to be disappointed.
https://www.youtube.com/results?search_query=steamboat+willie
Rather than making money, the deprioritization of a copyright claimed video can cost a channel a significant amount of views and potential subscribers, so even if you’re not making money off that specific video, it’s still a significant impact.
Hell half of these damn copyright claims are automated bots. I guess they forgot to turn this one off.
Exactly, Disney never intended to make trouble with this, and this isn’t a significant historical win for copyright activists.
Well, one problem is that YouTube’s whole “Content ID” process happens specifically outside of copyright law. Google will gladly take down videos without actual copyright problems and they actively shield trolls (normally, a wrong copyright claim is a crime), because it means they won’t have to go to court.
So, it would theoretically be possible for Disney to continue the Content ID claims, even if they’d lose a copyright claim in court.
Google would eventually tell them to fuck off, i.e. to take it to court, but only if the case is clear enough.