When it comes to little things like the law, and rules created to reflect it, consistency is usually the cornerstone of its integrity. Obviously there will always be exceptions to the rule/law but in general we can all hope that everyone is dealt with fairly and objectively.
Which is why YouTube’s approach to copyright is somewhat less than awesome.
Copyright is actually very simple to understand. 1 What is infringing? 2 Remove infringing content.
On YouTube there are two things to consider, is the video content infringing/is the audio content infringing? As it’s a video site then it makes sense for the whole video to be removed if it’s the video content that’s infringing, but if the audio is the infringing part then that should be muted….. and this is not some far out concept:
A TRIBUTE band to rockers The Eagles have been left dumbfounded after the ’70s legends’ record company ordered their track to be taken off YouTube.
Swansea-based tribute group the Ultimate Eagles have so far received more than 750,000 views on the site for their rendition of The Eagles classic Desperado.
But the footage, made in Llanelli, has now been “muted” after the Eagles’ publishers stepped in with a legal challenge.
“The video footage was left intact, as that belongs to us, but the sound was muted even though it is us singing and playing, not The Eagles.”
In the meantime I’ve had a reply from those denizens of consistency at YouTube:
Thank you for notification.
Based on the information you have provided, it appears that you do not have the necessary rights to post the content on YouTube. As such, we will not be able to restore your video.
Please take some time to review our Copyright Tips,
http://youtube.com/t/howto_copyright, as well as the copyright-related
information available in our Help Center.
You may also visit YouTube’s Copyright School, a self-paced guide to copyright terms and tools, found here:
If we receive a retraction of the claim from the original claimant, we will be able to restore the video immediately.
Otherwise, we unfortunately are unable to assist further in this matter.
The YouTube Team
Hmm…. I create the gameplay, I edit the gameplay, I put a notice at the beginning of the video identifying it’s legal status but apparently (according to YouTube) that’s not enough. This is not actually the first time that I’ve encountered a complete lack of intelligence regarding the subject of copyright. Many many many moons ago I had a video deleted from my web host for copyright infringement….. even though it was an original track that I wrote and recorded, the video was filmed and edited by me, I was in it, and I had a copyright notice at the end.
The mind boggles.
I’ll take it that “If we receive a retraction of the claim from the original claimant, we will be able to restore the video immediately. Otherwise, we unfortunately are unable to assist further in this matter.” As the polite way of saying “Go jump off a cliff”.
I will reply asking them clarify at what point LoveCatMusic obtained ownership of my video content, but I won’t hold my breath for an answer.
Dear The YouTube Team
Thank you for your reply.
However, I do have the necessary rights to post the VIDEO content on YouTube.
The video content of the alleged infringing video was created, recorded and edited by me. At the beginning of the video there is a very clear copyright notice which states that the VIDEO content is covered by the EUCD and DMCA.
The audio was ‘Bidibodi Bidibu’ by Bubbles which LoveCatMusic are apparently the copyright holders. As such the audio content was allegedly infringing, not the video content (to which I retain copyright as creator). It would make sense that in the event that the audio was deemed to be infringing copyright then it should have been muted as has been the case on numerous other videos.
The situation is further confused by the fact that numerous other videos use the same audio but are not deemed to be infringing copyright, for example:
Or just use the search: http://www.youtube.com/results?search_query=Bidibodi+Bidibu&aq=f
To recap – LoveCatMusic do not own the copyright to the VIDEO content and as such it should be reinstated with the audio muted.
If you require that I do this via the legal challenge then I require you to inform me as to which jurisdiction the claim of copyright was made.
….not holding my breath. But it’s all a bit of fun in the meantime. Dance monkeys! DANCE!!
New channel: http://www.youtube.com/thecheapkills
Peas and loaves.
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