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MikeRobinson
Forum Full Member


Registered: 08/29/11
Posts: 972
Location: Chattanooga, TN United States
 
Re:YouTube Copyright Chaos
Monday, April 15 2019 @ 12:24 PM CDT

“Yes, I believe the media companies are taking advantage of a breach in the law that needs to be revisited to equitably accommodate ALL sides of this situation. Yet I fail to see anything in the law that requires YT to presumptively transfer the affected content creators' monetized earnings to the media claimant based on an alleged infringement.”

Y’know ... I would just-as-easily argue that these people are “doing as best they can ... until the law catches up.”   Until then, they are erring on the side of caution, as very well they should must.

The way I see it, “the existing law does not fully recognize nor protect their position.”   It therefore does not define for them any sort of middle ground.
J.A.Stewart
Forum Full Member


Registered: 11/13/04
Posts: 4676
Location: Somewhere In Time, USA
 
Re:YouTube Copyright Chaos
Tuesday, April 16 2019 @ 09:44 AM CDT

Quote by: MikeRobinson
...The way I see it, “the existing law does not fully recognize nor protect their position.”   It therefore does not define for them any sort of middle ground.



The *Safe Harbor* provisions of the DMCA that I quoted were the result of considerable concern and wrangling in the Congress to protect OSPs and ISPs from liability and undue penalties and fines. If legislators had concluded there should be some interim judgment or financial award (outside of the Court), it would have been included in the legislation.

As written, the current law only requires an OSP to either block or take down the alleged infringement content. Any policy that YT enforces beyond those requirements is superfluous and may be considered prematurely punitive.

MY LATEST: A demo version of my Work-In-Progress DAILY GRIND
 
J.A.Stewart
Forum Full Member


Registered: 11/13/04
Posts: 4676
Location: Somewhere In Time, USA
 
Re:YouTube Copyright Chaos
Thursday, April 18 2019 @ 02:11 AM CDT

Quote by: MikeRobinson
Y’know ... I would just-as-easily argue that these people are “doing as best they can ... until the law catches up.”   Until then, they are erring on the side of caution, as very well they should must.

The way I see it, “the existing law does not fully recognize nor protect their position.” It therefore does not define for them any sort of middle ground.



This is NOT YT's first rodeo. In 2007 YT & Google were served with a $1 Billion lawsuit from Viacom, which claimed 160,000 infringement violations in the form of unauthorized clips of its entertainment programming. After six years in U.S. Courts an order granting summary judgment in favor of YT was issued. The Courts ruled that YT is protected by the safe harbor of the DMCA. No money was awarded to Viacom.

So, it begs the question... having had that experience, why would YT NOW decide to yield to these media companies over alleged Music copyright infringements? Cynics might suggest the timing has something to do with its recent reconfiguration of YouTube Music to a Premium Subscription service, positioned to be a direct competitor with Apple Music and Spotify. What's that old saying? Oh yeah... "You scratch my back and... ."

For those who may have some further interest in this issue and the laws that may apply, here is a video I just found that delves into this situation with a lawyer. He describes various types of uses (Live, Audio and Video) and what the law requires in each circumstance...


MY LATEST: A demo version of my Work-In-Progress DAILY GRIND