Read an update to this post here
***The object of this post is to point out that YouTube will, can, and do remove any content that they receive a DCMA Take Down notice for. It’s self defeating to think that YouTube/Google would be willing to risk a lawsuit to defend “fair use” or blame them for putting their business first***
Apparently there has been a lot of debate regarding the issue of DSP and the use of copyrighted material. DSP posted a video which is effectively Copyright (USA Version) in a nutshell. Some strong language so Not Safe for Work (NSFW):
The core is that DSP is right. His interpretation of “Fair Use” is correct. But unfortunately he’s wrong if he thinks that YouTube is going to fight his corner for him. YouTube is a business, if some company decides to sue them for breach of copyright then they’ve got two options – get rid of the offending content, or go to court, incur massive legal costs and maybe even lose (costing more money).
Currently I have four videos on YouTube that are in danger territory. Two of them have been flagged automatically by YouTube for having third party copyrighted material in them, the other two….under the radar apparently. I’m not particularly bothered if YouTube decide that they break their rules and take them down. It’s not like they send the Men in Black to your house, smash your harddrive and erase your memory. I knew the risks before I uploaded them, and I know the risks while they are there.
What I do not expect is for YouTube to make some sort of stand against Universal, or Sony, on my behalf over a montage. I do expect YouTube (or Vimeo, Moavi or anyone else) to protect their business interest, invoke the terms and conditions that users agreed to and dump the content.
The Digital Millenium Copyright Act (DMCA) and the European Union Copyright Directive (EUCD) effectively made it not worth the hassle to defend against copyright infringement – especially when there is jail time on the line.
If DSP, or anyone else actually wants to get a legal ruling that clearly defines what constitutes “Fair Use” then they need to setup their own ISP (or use a company like PRQ) re-upload all their videos there and then wait for the legal threats. They’ll then be able to put their case for “Fair Use” to the copyright holders and ultimately get their day in court.
I wouldn’t recommend it, not unless you have a bottomless pit of money, some really good anti-stress pills, and a lot of time. But it’s a much more effective plan than complaining on YouTube.
C’mon people, you agreed to YouTube’s Terms and Conditions just like I did. Part of those terms breaks down to the fact that if you become a pain in their ass for any reason, you’ll be gone. Getting take down notices from copyright holders (no matter how retarded or tenuous the reason) constitutes being a pain in the ass. So unless you are videoing your own face (as long as you don’t look like a celebrity who has copyrighted their likeness) don’t be too surprised if YouTube removes your content.
Even Hitler thinks that YouTube are a bunch of pussies when it comes to DMCA take down notices:
(thanks to Donncha for this)
That’s my tuppence worth on YouTube copyright practice.
Read an update to this post here
Peas and loaves.
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