YouTube and Copyright

Whilst they’ve gotten a little better over time, they are still rather corporate friendly, and the options aren’t very good.

At the very least, they’ve stopped arguing that a fair-use dispute is an admission of copyright infringement, whatever that meant.

The first option that comes up for when some copyright claim is made on your video is ‘acknowledge claim’, when it should something more like ‘accept claim as valid’. I do acknowledge when someone owns the copyright, but I should still be able to argue fair use, whereas if you select the acknowledge claim option, that’s you saying the claim is right. This is just misleading – even clicking the question mark for explanation on the acknowledge button gets YouTube to say, “Acknowledge to confirm that you have reviewed the claim(s) on your video.” Review, not accept the claim, just click to say that you have reviewed the claim(s). This will result in you accepting the claims as valid in one step.

They still seem to think the scenario of false positive is impossible too. There is no option where you can say, ‘actually, this content isn’t theirs’. Not through lack of options either, they have a bunch of options which are things courts will use to weight your fair-use argument, but which aren’t fair-use arguments themselves. If you click on one of these, youtube has a cute message that tells you you can’t use that argument and would you like to see an obnoxious cartoon about how dreadfully complex your rights are so you hopefully won’t bother with fair use. No, really.

This recently came up with Merlin Phonofile and my Silent Hill Let’s Play. Merlin Phonofile do not own any part of Silent Hill, but one of their artists has used the music that plays over Silent Hill’s out-takes at the end of one of their songs. That’s a fair use too of course, but they then can’t make claim over everyone else also using the music over the out-takes in Silent Hill. And there is just no way to state such on YouTube.