4 ms·
A DMCA notice would require YouTube to take the video down or be potentially on the hook for the copyright infringement. A DMCA counter-notice from the creator
by daedalus_f 5y ago
A DMCA notice would require YouTube to take the video down or be potentially on the hook for the copyright infringement. A DMCA counter-notice from the creator of the video would allow YouTube to put it back up without being liable. After a counter-notice, the supposed copyright holders next recourse would be legal action against the person alleged to have broken the copyright.
This is not DMCA. I’m almost certain from the screenshots that the video was flagged by YouTube’s incredibly broken content ID system. Once flagged the content creator can appeal, but on appeal it is the supposed copyright holder who gets to decide whether their claim is valid, the content creator has no say, and no further recourse.
It’s an incredibly unjust system, plagued by trolls, but I don’t think it’s caused by DMCA.
IANAL, etc
- judge2020 5y agohttps://en.wikipedia.org/wiki/Viacom_International_Inc._v._YouTube,_Inc https://en.wikipedia.org/wiki/Viacom_International_Inc._v._Y.... (from https://www.nytimes.com/2010/06/24/technology/24google.html https://www.nytimes.com/2010/06/24/technology/24google.html): > Viacom said it was not seeking damages for any actions since Google put in its filtering system, known as content ID, in early 2008. It's not DMCA, but Viacom basically said "we won't sue you for damages since you've start scanning all videos and taking down our copyrighted content". Obviously other media giants weren't going to let Viacom be the only one with access to this profit machine, so now pretty much all global media giants have access to Content ID.