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I disagree with you argument — _we_ don’t know what the copyrighted portion was, but that doesn’t mean no such portion exists. Likewise, asking-kids-under-20 is
by pinkmuffinere 2y ago
I disagree with you argument — _we_ don’t know what the copyrighted portion was, but that doesn’t mean no such portion exists. Likewise, asking-kids-under-20 is not a method I’d generally endorse for legal issues.
Per the article, it is unclear what was copyrighted. It’s possible that YouTube knows but is not making it public, or maybe even YouTube doesn’t know. I definitely feel that YouTube’s handling of copyright issues is annoying, I feel like the creator should be told what YouTube knows. But that’s not an issue with copyright itself.
- nadermx 2y agoYes, but copyright has fair use exception. And in theory when you send a DMCA, you are suppose to consider fair use[0], so this seems more like abuse. [0] https://www.arl.org/blog/9th-circuit-holds-fair-use-must-be-considered-before-dmca-takedown-notices-are-sent/ https://www.arl.org/blog/9th-circuit-holds-fair-use-must-be-...
- mig39 2y agoThis is the UK? DMCA doesn't apply there?
- nadermx 2y agoPretty sure when you submit a DMCA you submit to US jurisdiction, and since YouTube's copyright strike are their version of "DMCA", and they are a US company, I'd venture to say it's probably still US law they are under for this as they even site fair use[0] [0] https://support.google.com/youtube/answer/13823830 https://support.google.com/youtube/answer/13823830
- db48x 2y agoYoutube doesn’t know, because the DMCA doesn’t require the complainant to be very specific. The right course of action is to deny the complaint and make a counter complaint to youtube. This forces Youtube to reinstate the video, and forces the original complainant to take their complaint to an actual court. A copyright bully will simply never do that. They’re relying on people to give up at the first step, without making a counter complaint.
- Animats 2y agoDoes YouTube do put-back if you file a counter-complaint? YouTube says they do.[1] [1] https://support.google.com/youtube/answer/2807684?hl=en https://support.google.com/youtube/answer/2807684?hl=en
- LocalH 2y agoThey have to do so by law, under an actual DMCA complaint. Not so much under Content ID.
- FireBeyond 2y agoYouTube's system has nothing to do with DMCA. You can also use this mechanism, but their "Content Protection" system has no legal requirements.