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 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.
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.
I’m all for piracy of greedy corporate media, but copyright is an essential part of ensuring that artists retain control of their creations. If you throw the baby out with the bathwater, you harm independents who might be supporting meager lifestyles on the income from their art.
This is not and never will be a black and white issue.
Yup. If I write a book it wouldn’t be right for a publisher to steal it and sell it as their own.
Current intellectual property laws are fucked, but I’m also tired of people who join the circlejerk of “all IP laws are bullshit and they all need scrapped”
Those are often the same people who say things like, “soon all of our books and movies will be made by AI, so artists will be obsolete” and mean it in a good way.
This is not and never will be a black and white issue.
A great phrase to say but you dismiss potential solutions you may not have heard of (or don’t exist yet).
I suggest we have a universal basic income that supports a minimum existence. Artists having control of their creations can still be argued for but now without the “need money to live” aspect. Some artists already disregard copyright by putting works into public domain, or use a creative commons license which uses copyright to undo the restrictions placed on people by copyright.
If I could do anything I’d reduce copyright time limit to 10 years and see how that goes. I’d only keep copyright till I found another way to enforce copyleft software licenses to ensure software freedom.
Even if it wasn’t about the money, I’d personally still be very pissed if someone would claim my work as their own and there’s no law to prevent it. I’m not saying that today’s system is great, because it sucks in many ways, but some copyright system needs to be in place for the good of everyone.
The intent of Copyright was to give the public the benefit of more works being created in exchange of their right to redistribute the works. Copying physical works is difficult so we were not giving up much then, but in the modern times it’s very easy to copy digital works. I also suspect we’re not encouraging more works to be created with this “long after death” time limit. I have nothing against artists wanting control of their work (my video games would be nothing without them) but this is no longer a good deal for the public.
Artists can use Copyright to control their works in a limited sense but is that the control they want? Would 10 years be enough?
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
There is, it’s called the Pirate Bay.
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 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.
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.
I’m all for piracy of greedy corporate media, but copyright is an essential part of ensuring that artists retain control of their creations. If you throw the baby out with the bathwater, you harm independents who might be supporting meager lifestyles on the income from their art.
This is not and never will be a black and white issue.
Yup. If I write a book it wouldn’t be right for a publisher to steal it and sell it as their own.
Current intellectual property laws are fucked, but I’m also tired of people who join the circlejerk of “all IP laws are bullshit and they all need scrapped”
Those are often the same people who say things like, “soon all of our books and movies will be made by AI, so artists will be obsolete” and mean it in a good way.
A great phrase to say but you dismiss potential solutions you may not have heard of (or don’t exist yet).
I suggest we have a universal basic income that supports a minimum existence. Artists having control of their creations can still be argued for but now without the “need money to live” aspect. Some artists already disregard copyright by putting works into public domain, or use a creative commons license which uses copyright to undo the restrictions placed on people by copyright.
If I could do anything I’d reduce copyright time limit to 10 years and see how that goes. I’d only keep copyright till I found another way to enforce copyleft software licenses to ensure software freedom.
Even if it wasn’t about the money, I’d personally still be very pissed if someone would claim my work as their own and there’s no law to prevent it. I’m not saying that today’s system is great, because it sucks in many ways, but some copyright system needs to be in place for the good of everyone.
The intent of Copyright was to give the public the benefit of more works being created in exchange of their right to redistribute the works. Copying physical works is difficult so we were not giving up much then, but in the modern times it’s very easy to copy digital works. I also suspect we’re not encouraging more works to be created with this “long after death” time limit. I have nothing against artists wanting control of their work (my video games would be nothing without them) but this is no longer a good deal for the public.
Artists can use Copyright to control their works in a limited sense but is that the control they want? Would 10 years be enough?
I believe the words you are looking for is “Linux isos”
Tiktok?
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.