3 ms·
>The part about the DMCA not applying to most Youtube takedowns (because the legit uploader has given Youtube a license) is particularly surprising The licensi
by trogdor 3y ago
>The part about the DMCA not applying to most Youtube takedowns (because the legit uploader has given Youtube a license) is particularly surprising
The licensing aspect is the surprising part I was referencing, but I understand it a bit differently. It’s not that the DMCA doesn’t apply. Rather, it’s that when you upload your content to YouTube, YouTube’s terms of service grant YouTube a broad license to use the content you uploaded. Consequently, YouTube can’t be liable for directly infringing any copyrights associated with that content. Since you licensed it to them. The DMCA still applies.
- mindslight 3y agoAssuming we're using "DMCA" here as a shorthand for the DMCA safe harbor, what do you mean it still applies? The way I understand it, abiding by the takedown process is only relevant for a party that would otherwise would be liable for copyright infringement. The court states this in a bit of a roundabout way (compared to my blunt summary): > The DMCA safe harbors provide potential defenses against copyright infringement claims where, but for the safe harbors, the plaintiff has a meritorious cause of action against the defendant for copyright infringement. But alleged failures to satisfy the conditions of a DMCA safe harbor provision cannot constitute a cause of action without a viable underlying claim for copyright infringement.