Like most people, I have a Youtube account. Like most people, I post videos. Like most people, my videos.......get
taken
down.
Why, you ask? Because a third party claimed copyright.
Who, you ask? Hell if I know, apparently they're anonymous.
And, despite the video's mildly embarrassing overtones bore from adolescence and a pinch or two of obsessions, I'm just the slightest bit annoyed by it. Mostly because I'm not sure who these people are, if they're legit, and why my video was picked out after being on the site for at least a year (additionally, considering the fact that there are other videos on the site that have the same song playing [the song being the reason the video was taken down], I'm just a little bit baffled).
Through all this, though, Youtube has given me the option of choosing another song from a list of pre-approved music, reposting the video without sound, or disputing the claim. I'm considering doing it (because I don't like the idea of accepting it and giving up), even if I'm not sure they'll take it seriously and the task of reading through all the copyright laws is a little daunting.
So....do I have a right to know who the third party is? Is there a chance this third party isn't legit and Youtube is just playing a game of CYA? I don't know! All I do know is, is that music videos are ultimately free advertising because it allows people to either find music, or tv shows (I've discovered both through my guilty pleasure music video viewing) and since no one makes money off of it and everyone (including myself) puts disclaimers in the sidebar, I honestly don't see what the deal is.
But maybe I'm just not anal about these things.
4 comments:
Depends a lot on what it is you used and what you did with it. Fair Use covers a lot of things - you have the right to do anything you want with copyrighted material if you're doing it as part of an educational exercise or if it's a parody, for example (of course, you can't make money off it, and you have to acknowledge the copyright holder). If you do decide to dispute it, look up the "Fair Use" part of copyright law, it will probably be in one PDF and contain everything you need without much extraneous crap.
With the whole 'free advertising'/'not making money' thing, the same argument applies to filesharing networks...but we all know how that's turned out. Except, inexplicably, for Metallica, most bands don't mind this sort of copyright breach - as you said, it's free advertising - it's the record companies that mind. The bands make most of their money off concerts and merch, whereas the companies make it off CDs, hence their chagrin.
Well, I would agree with you on the comparison to file sharing, I still think it's a little different. Mostly because Youtube isn't openly giving something away. For example, it's kind of like the radio: the song comes on, people hear it, but they still don't have a copy of it. Although, there's no kickbacks to the record companies, so in that, I suppose, you have a point.
However, on the topic of Fair Use copyright laws, I have found the following:
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
the nature of the copyrighted work;
amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
the effect of the use upon the potential market for or value of the copyrighted work.
Not really clear, is it? I could probably still build an argument from this, though....
I am not and have never been a blogger (that is until this semester.) Nor do I see myself being a vlogger, yet I do take time to search Youtube. Quite often, and I find that a lot of the videos, that I take a particular interest in, seem to disappear. Now it never really occurred to me to, Nancy Drew as I call it, or investigate the case of the missing Youtube videos, but now there is a bit more clarity. Copyright infringement.
Honestly, the first thought that came to mind was hacking. Some anonymous on Youtube trying to destroy your life and vlog. Yet in most cases my theory of everyone out to get you, seems a bit paranoid, so stumped, it the general idea. I hope this infringement of free speech can be cleared up for you and you can continue your vlogging in peace.
I have never done a single thing to do with blogging. The only thing I have really accounts for are yahoo, myspace, and facebook. But for the whole copyrighting thing thats just a bunch of crap sometimes. Yes it is needed but like taking your stuff down off of Youtube...that isn't really a high thing to be worried about
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