D_halfrican
I've Got It
Where's. The. Fair. Use.
#WTFU will affect us all - what can we do?
- Thread starter ProfKranc
- Start date
Shehzad
The Brown Fudge
There are penalties for false claims, it is against US law/DMCA. Section 506(c) states:
"Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500."
Section 512 (f) also further says that
"Misrepresentations. - Any person who knowingly materially misrepresents under this section... shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation" etc They also commit a perjury offence if they do provide a false claim.
Now the fine of $2,500 is pretty rubbish In my opinion since that is nothing for a big company. Its nice that 512 makes the false claimant pay for damages and damages can be anything from revenue loss, putting bad light on defence's image etc this is important because In UK law at least is where you can appeal and receive more money. I think the law should be more punishing on false copyright claims, I am not too sure how US courts work but at least in the UK we are able to appeal to a higher court which can actually get them to rethink laws and make sure that the false claimant actually feels the loss. YouTube FAQ and copyright claims does no honour to these laws especially if the false copyright claimant is able to keep the revenue share for 30 days until the claim expires. I'm glad YouTube policy team has said that they are planning to make changes and improvements due to the recent attacks on channels. The thing is false copyright claims have been going on for years and YouTuber's like TotalBiscuit already made videos about this as far back as 2 years ago some even go further back than 2 years. It's nice YouTube/Google are actually trying to do something even though they themselves have had shady businesses practices throughout the years. YouTube isn't big because of business choices, it's because of "individual creators work who started off as hobbyists and became popular" (TB's words). I also believe that DMCA should also make "fair use" more defined and clear too since it is very easy to abuse it as we can see.
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Uncivilized Elk
I Love YTtalk
Most of the frustration to bogus claims could be drastically reduced if there were two simple changes to the YT system in my opinion:
1.) All money earned on a claimed video goes into a side-account for the first 7 days (this gives the content creator time to respond to the claim). Then, if the content creator fights against the claim, the money continues going into a side-account until the claim is resolved completely. This way others don't end up unrightfully stealing money away from legitimate content creators.
2.) No YT features are taken away for a channel that gets a copyright strike until that copyright strike is resolved (again, give it 7 days, and if the content creator decides to appeal after 7 days remove the limitation on features once the appeal starts until the appeal is finished).
This won't necessarily take away the annoyance, but it would take away the frustration, the lost money, and the downtime when it comes to waiting for a strike to be lifted.
1.) All money earned on a claimed video goes into a side-account for the first 7 days (this gives the content creator time to respond to the claim). Then, if the content creator fights against the claim, the money continues going into a side-account until the claim is resolved completely. This way others don't end up unrightfully stealing money away from legitimate content creators.
2.) No YT features are taken away for a channel that gets a copyright strike until that copyright strike is resolved (again, give it 7 days, and if the content creator decides to appeal after 7 days remove the limitation on features once the appeal starts until the appeal is finished).
This won't necessarily take away the annoyance, but it would take away the frustration, the lost money, and the downtime when it comes to waiting for a strike to be lifted.
Wake the f**k up, I believe.
Uncivilized Elk
I Love YTtalk
-_-
JMAAMusic
Liking YTtalk
I think we should give it a little bit of time. Changes don't happen overnight, that is not how anything works, and given that the CEO of YouTube has already responded to GradeA's video, I think we need to give a bit of time until some change is confirmed.
I mean, you don't even noticed it, but there has been a bit of change in this respect. Someone got saved from a copyright strike and false claim by a girl vlogger, because YouTube somehow rejected the false claim. I think it's quite safe to say, if not 100% safe, that there will be changes in some way or another. Maybe they will take very long, but there are a few noticeable changes over the course of the entire time this hashtag has been going around.
I'm not saying although that YouTube is broken no more, it's still broken. But again, changes don't happen overnight, specially for this kind of things.
I mean, you don't even noticed it, but there has been a bit of change in this respect. Someone got saved from a copyright strike and false claim by a girl vlogger, because YouTube somehow rejected the false claim. I think it's quite safe to say, if not 100% safe, that there will be changes in some way or another. Maybe they will take very long, but there are a few noticeable changes over the course of the entire time this hashtag has been going around.
I'm not saying although that YouTube is broken no more, it's still broken. But again, changes don't happen overnight, specially for this kind of things.