Idea To Fix Broken Copyright System

[Tarmack]

Hey guys,
I know that everyone knows just how much of a disaster YouTube's copyright system is. Essentially, in the middle of the night, your whole channel can disappear through no fault of your own. Contacting people at YouTube or at the company making the copyright claim is damn near impossible. You know the rest.

But what if instead of the current system, whenever someone files a claim, YouTube tells you about it and gives you the opportunity to delete the video or the upload a version without the copyrighted content? Right now, you do not even get a chance. The video just disappears and your channel gets a strike. I guarantee 99% of creators on YouTube, if contacted by YouTube essentially saying, "We have a claim on this video, you have 24 hours to delete it or get a strike," Everyone would just delete the video themselves, and avoid a strike.

You're believing in the good of humanity and that unfortunately, doesn't work with legal matters.

The reason why the YouTube system doesn't give warnings like this is because it's allows abuse.

Let's say that I'm an unscrupulous YouTuber. I upload show after show after show of professionally produced content like The Simpsons, Friends, etc. I know that I'm going to get a 24 hour window to avoid punishment, so I can just upload whatever I want, take down the ones that get caught and leave up the rest.

For the vast majority, a copyright strike is a very rare event. Especially if you've done your research and aren't abusing copyright rules. ContentID is the main problem here, not the strike system.

Now, the best way to fix the strike side would be to temporarily remove strikes in the midst of appeal from the "3 strike, close the channel" rule. And the best way to fix ContentID is to place all earnings in escrow until the dispute is solved, OR implement a penalty for false claims.

 

[Idec Sdawkminn]

But what if instead of the current system, whenever someone files a claim, YouTube tells you about it and gives you the opportunity to delete the video or the upload a version without the copyrighted content? Right now, you do not even get a chance. The video just disappears and your channel gets a strike. I guarantee 99% of creators on YouTube, if contacted by YouTube essentially saying, "We have a claim on this video, you have 24 hours to delete it or get a strike," Everyone would just delete the video themselves, and avoid a strike.

Huh? I don't quite understand what you're suggesting.

Are you implying that people are using copyrighted content without knowing it and your solution is to alert them before the video is removed? I don't think this is the case and ignorance shouldn't be catered to.

Do you believe that people will delete their videos they created when they have a legal right to use the copyrighted content just to avoid a strike? I don't think people would delete their video in this case. And there is already a 7-day-delayed takedown option.

Or are you wanting to give people who knowingly infringed the rights of others a chance to avoid a penalty when they do? As Tarmack said, this would just encourage so much more copyright infringement.

 

[offbeatbryce]

Huh? I don't quite understand what you're suggesting.

Are you implying that people are using copyrighted content without knowing it and your solution is to alert them before the video is removed? I don't think this is the case and ignorance shouldn't be catered to.

Do you believe that people will delete their videos they created when they have a legal right to use the copyrighted content just to avoid a strike? I don't think people would delete their video in this case. And there is already a 7-day-delayed takedown option.

Or are you wanting to give people who knowingly infringed the rights of others a chance to avoid a penalty when they do? As Tarmack said, this would just encourage so much more copyright infringement.

What about the people who have permission? If I get permission to use a copyrighted song how would I dispute it if you are suggesting it just warns me I've used it and I'm punished?

Content ID claims are what allow YouTube itself to Pay the copyright owners royalty fees upon agreement with the owners. That's why Ad Supported music exists in the Youtube Library.

 

[Idec Sdawkminn]

What about the people who have permission? If I get permission to use a copyrighted song how would I dispute it if you are suggesting it just warns me I've used it and I'm punished?

Content ID claims are what allow YouTube itself to Pay the copyright owners royalty fees upon agreement with the owners. That's why Ad Supported music exists in the Youtube Library.

Content ID works for that. I'm not talking about Content ID claims. I'm talking about DMCA takedowns causing strikes, like the OP is talking about. OP wants there to be a 24-hour warning before a video is taken down so you can delete it yourself and not receive a strike. If you have permission, that most likely wouldn't help you because you most likely wouldn't want to delete it and would submit a counter-notification. It would just add an extra day to the wait. The system proposed seems like it only mainly benefit people that use copyrighted content unlawfully and would be a way for them to get out of a strike for doing it.

 

[offbeatbryce]

Content ID works for that. I'm not talking about Content ID claims. I'm talking about DMCA takedowns causing strikes, like the OP is talking about. OP wants there to be a 24-hour warning before a video is taken down so you can delete it yourself and not receive a strike. If you have permission, that most likely wouldn't help you because you most likely wouldn't want to delete it and would submit a counter-notification. It would just add an extra day to the wait. The system proposed seems like it only mainly benefit people that use copyrighted content unlawfully and would be a way for them to get out of a strike for doing it.

Well I guess that would work. But in a way you would never know if you are using it unlawfully. When I email the copyright owners they say "Upload it and we will decide. If we allow it to stay up you don't need our written permission. That in itself proves to me at least that there is no way to tell what's actually correct.

 

[Idec Sdawkminn]

Well I guess that would work. But in a way you would never know if you are using it unlawfully. When I email the copyright owners they say "Upload it and we will decide. If we allow it to stay up you don't need our written permission. That in itself proves to me at least that there is no way to tell what's actually correct.

Hmm, interesting. Everyone I've talked to has been of the attitude that if I don't have permission, their policy is to claim it or remove it, regardless of any possibility of being "fair use". So in those cases, you can't rely on the copyright owner. Some will always take things down just because they don't want you using their stuff for anything.

 

[offbeatbryce]

Hmm, interesting. Everyone I've talked to has been of the attitude that if I don't have permission, their policy is to claim it or remove it, regardless of any possibility of being "fair use". So in those cases, you can't rely on the copyright owner. Some will always take things down just because they don't want you using their stuff for anything.

Maybe I've just been lucky. I've always emailed the owners the url to my videos so they can claim it if the automated system doesn't detect it and no video has ever been taken down. Maybe you are supposed to notify them of a song you are using and then they will allow it? I don't know. All I know is Sony and a bunch of other owners have let me keep their stuff on my youtube page for years