Where's the Fair Use? #WTFU

[Lily Adler]

So mostly thanks to Doug Walker aka the Nostalgia Critic, many YouTubers are now posting their own videos on the subject of YouTube's policy or there lack of on "fair use" and how it is enforced. I would post the videos, but colorful language is used and I know mods would infract me like no tomorrow, so look 'em up. I didn't know YouTube had such problems until watching all these vids. YouTube and Google will practically bend over backwards to remove content despite falling under the fair use policy to please the owners of the content because they fear a massive lawsuit? Definitely not up to par YouTube, and I know that these MCN (IIRC), are taking about 40% of YouTubers income just so they can protect their videos and content, so YouTube wouldn't have to use their infamous copyright bot that deletes videos if it contains copyrighted material even under fair use and risk the money on a potential lawsuit. BUT! YouTube readministered the bot again and now there's not point in the MCNs despite YouTubers STILL PAYING THEM. What was the point of wasting all that money if their content gets removed?!?

EDIT: It's MCN as in Multichannel Network.

 

[DJ_KiDDvIcIOUs]

This is a huge problem with Soundcloud as well in the DJ world. They now have a 3 strikes and they delete your account regardless of if your paying member or how many followers, 3 and done. It's total BS too since SC wouldn't be anything if it wasn't for DJs. Guess it's one of many contributing factors as to why they are hemorrhaging money right now too.

I don't have much experience with YT copyright BS though.

 

[Teelie]

I've heard of YouTube's "presumed guilty" stance for some time and it's all thanks to the heavily lopsided DMCA which puts all the power in the hands of the corporations and companies that have ownership (and sometimes not even that) of various copyrighted works (some of which are either expired or should never have been granted in the first place).

That system needs scrapped and rewritten to be more favorable but not many people with a few million dollars to lobby at politicians are on our side (that is, anyone not a company) to get anything effectively done.

 

[jmc]

This whole thing is a mess and it was only a matter of time when something like this was going to happen. The problem is at present it's only smaller youtube channels trying to make noise. I posted on Doug's Facebook page that a coalition of Youtubers needs to be formed in order for this issue to generate enough noise so that Google has no choice but to listen. So far apparently a couple of big channels like Markiplier and jacksepticeye have thrown their support behind Doug's movement, but it's going to take more than just a handful of channels to get noticed, it's going to need hundreds of channels with 1 million+ subs banding together for Youtube to take notice.

Markilplier is one of the most subbed youtubers, so it's a start, but creators like Jenna Marbles, KSI, and the big one Pewdiepie are really the ones that need to get on board. I understand them not wanting to jeopardise their livelihood by speaking out but all of them started off exactly like these smaller channels and they need to support these people who are suffering at the hands of a system which is broken. In Youtube's defence they really had little choice but to implement this copyright system, but now it's being abused beyond its intended means, and peoples livelihoods are now at risk.

 

[DarthSkywalker]

This has been a big thing with Video game channels and reviews that people aren't happy with. Look up Jim Sterling and Digital Homicide.

 

[jmc]

The other issue is even when people are getting permission to use specific copyrighted footage, or even paying for royalty free music or videos from places like Getty and iStock videos are still getting flagged. On top of that, companies are claiming videos that have nothing to do with with the content in the video. I saw one example of someone who was critiquing a M&M's commercial from the early 2000's that was flagged by the WWE. no wrestling content what so ever and yet they claimed it. The system is beyond flawed now, and a revolt is coming.

 

[TheBat812]

This is a huge problem with Soundcloud as well in the DJ world. They now have a 3 strikes and they delete your account regardless of if your paying member or how many followers, 3 and done. It's total BS too since SC wouldn't be anything if it wasn't for DJs. Guess it's one of many contributing factors as to why they are hemorrhaging money right now too.

I don't have much experience with YT copyright BS though.

To be fair, sampling without consent is ******** in itself.

 

[Spider-Aziz]

Now that I somehow got hit by this nonsense, I'm more obliged to side with this movement.

 

[jmc]

A lot of smaller channels are making their voices heard but the movement is still lacking big names to make videos in support.

 

[Spider-Aziz]

How big?
Channel Awesome is pretty big.

 

[jmc]

KSI, Jenna Marbles, Angry Joe big. Markiplier is the biggest name who's pledged support, as has Boogie2988, but more are needed. I would have said the Fine Bros a month ago but they clearly are a law unto themselves despite using doing the exact same things many of these smaller channels are doing.

 

[Lily Adler]

Angry Joe better get his ass involved. I think this kind of movement would be up his alley.

 

[jmc]

The only way things will change is if these big name youtubers actually release videos about the subject matter. At present Boogie2988 is the only 1 Million + channel who's done a video on the subject. More are needed.

 

[Lily Adler]

Markiplier should do a video to show his support or has he already?

 

[jmc]

Mark's expressed his support to Doug via Facebook and on Doug's video about the subject but hasn't done a video yet. He really needs to go the extra step though in order to help, he's got over 10 million subs and is one of the most watched youtubers. Granted most of them are people under 15 but the fact remains the issue is only going to really gain traction once someone like him makes a video about it. He may very well be hesitant because of his standing on Youtube, I understand not wanting to piss off the people who helped make you as big as you are, but at the end of the day he and others started out exactly like these smaller channels and at present the little guys are being crushed by a system that heavily favours Youtubes money makers.

There's no viable alternative to Youtube, and without these smaller channels being protected the website becomes nothing more than a place for old media to once again assert its dominance. I'm actually really depressed this issue isn't being talked about more because it affects us all, it's one thing to support existing companies and properties, but the risk is if nothing is done then Youtube becomes just an extension of what those companies have always done. The playing field needs to be levelled.

 

[Lily Adler]

It truly is depressing to see. The Internet is supposed to be the one avenue they couldn't reach, but now it appears that isn't so. I've seen people commenting about Doug's video and asking other YouTubers to support it like Jeremy Jahns, Pewdiepie, Game Grumps, and Chris Stuckmann. I hope they do.

 

[MessiahDecoy123]

It should be illegal to make money off of extensive clips of copyrighted material.

So if someone who played entire tv shows and movies had one million subscribers then clearly they're making money from copyrighted material.

Outside of that, much of YouTube briefly show copyrighted material for the sake of criticism, satire, research, discussion or analysis and should be protected under fair use laws.

Fair use and satire laws exist for a reason. The public should be allowed to review and analyze the ideas, beliefs, "facts" and concepts the media feeds the population.

And the internet is an incredibly powerful tool for doing so.

Where are our lobbyist to help protect fair use laws in Washington? These media companies legally bribe the government to have an iron grip on whatever narrative they choose the public to have.

 

[Lily Adler]

That's the problem. Even under fair use, these videos are still being taken down. Which Doug goes into detail about in his video. Boogie even admitted that he would do videos to advertise products that the company specifically asked him to do, only for them to copyright flag them later to be removed from his channel.

 

[C. Lee]

I'm not sure I understand exactly what you guys are talking about.

I mainly use youtube to watch movies you can't find anywhere else.....that is, I am old school and still want hard copies of things I want to watch because I would much prefer to watch a movie on my 70 inch screen that my laptop....but there are hundreds of movies I can find on youtube that are not on DVD or cable, so I do watch those on my laptop. I don't really seem to have trouble with these being blocked.....so are you talking about youtube blocking newer content, or just big highly watched channels becaue the movies I watch just seem to mostly be put up by a random person here and there....I don't think I follow any big channels at all.

 

[Spider-Aziz]

We talk about people who review movies and TV shows, but are threatened to lose the cash they receive from these videos, or losing their videos and channel's, for using footage of the matter they speak of the size of a trailer, or a little longer.

 

[Infinity9999x]

I'm not sure I understand exactly what you guys are talking about.

I mainly use youtube to watch movies you can't find anywhere else.....that is, I am old school and still want hard copies of things I want to watch because I would much prefer to watch a movie on my 70 inch screen that my laptop....but there are hundreds of movies I can find on youtube that are not on DVD or cable, so I do watch those on my laptop. I don't really seem to have trouble with these being blocked.....so are you talking about youtube blocking newer content, or just big highly watched channels becaue the movies I watch just seem to mostly be put up by a random person here and there....I don't think I follow any big channels at all.

Check out Channel Awesome's video, it'll lay it out for you pretty nicely. But to do a spark notes version, big companies are flagging videos of reviewers who use clips of their films during reviews, or sometimes no clips at all, and getting their channels shut down. The way YouTube has it'd claim policy set up, the channel's accused can only respond to three claims at a time, and the people accusing them collect any money the video makes off advertising during the claim. It's very unfair.

 

[jmc]

I'm not sure I understand exactly what you guys are talking about.

I mainly use youtube to watch movies you can't find anywhere else.....that is, I am old school and still want hard copies of things I want to watch because I would much prefer to watch a movie on my 70 inch screen that my laptop....but there are hundreds of movies I can find on youtube that are not on DVD or cable, so I do watch those on my laptop. I don't really seem to have trouble with these being blocked.....so are you talking about youtube blocking newer content, or just big highly watched channels becaue the movies I watch just seem to mostly be put up by a random person here and there....I don't think I follow any big channels at all.

The issue is there are a lot or channels that are being flag for having breached copyright when no breach has taken place. A lot of review and parody channels, who don't use much footage at all, are getting their videos removed unjustly. Not only that, channels who don't even use copyrighted material at all are getting their videos flagged for using purchased stock music and stock footage because it just so happens to be the same stock music or stock footage in some companies video. The problem is, there's no penalty for false claims, so companies and individuals can do it as many times as they want because there's no reproductions for falsely flagging videos.

This is a big issue because it's being used to censor people. There's video going around of a bigger Youtuber called The Gabbie Show with over 1 million subs. The girl who runs it tried to get removed a video from a smaller channel for his negative review of her channel and calling her out for stealing other peoples jokes. She sent a take down claim to youtube only for it to surprisingly get rejected. The video of it can be found here, it's only 5mins log so I recommend you watch it:

[YT]_IX2oT3KyCM[/YT]

What this girl has done is blatantly broken the Youtube terms of service, and based on those terms of service should have her channel deleted.

 

[PacificBoy]

From the sounds of it, the problem with YouTube's copyright claim system is twofold. One, it's automated, not processed by people, and designed to broadly protect copyright holders, meaning that all takedown claims are automatically in good faith. Coupled with the seemingly wonky algorithms, you get an inconsistent and arbitrary system. Two, the system is an alternative resolution dispute platform at best, which means if you want to dispute fair use you probably need to lawyer up.

 

[jmc]

Grade A Under A has launched his own campaign to gain the attention of the Youtube CEO.

Youtube search Grade A Under A and click on his most recent video.

For those who want to support please Tweet @SusanWojcicki and let her know about how unjust Youtube has become.

 

[Tanin]

With all the cussing in that video you may want to remove it jmc.