- Joined
- Oct 1, 2020
- Messages
- 563
DigNap15,
Yeah, fair use'' appears to not be assessed by Youtube. You can counterclaim, but in the meantime, your video off-line. It can takes weeks to resolve. DMCA take-down notice system is highly abused by the big copyright owners/agents. There must be a penalty for invalid notices - practically, there are none now, so the claimers have nothing to lose.
As for Youtube, obviously it is far easier for them to automatically take down a video upon receipt of a 'valid' (this just means correctly formulated) take-down notice and see if the uploader wishes to contest the notice before reversing removal of the video. YT must act in this way to retain 'safe harbor' provisions within the DMCA. And it only would cost them money to attempt to asses the video for fair use, etc. There is no incentive for Youtube to behave in any other manner.
YT did take someone to court a few years ago for repeated invalid claims. But that was a complete chancer, not one of the large copyright owners/agents. Again, no incentive for them to do so.
Yeah, fair use'' appears to not be assessed by Youtube. You can counterclaim, but in the meantime, your video off-line. It can takes weeks to resolve. DMCA take-down notice system is highly abused by the big copyright owners/agents. There must be a penalty for invalid notices - practically, there are none now, so the claimers have nothing to lose.
As for Youtube, obviously it is far easier for them to automatically take down a video upon receipt of a 'valid' (this just means correctly formulated) take-down notice and see if the uploader wishes to contest the notice before reversing removal of the video. YT must act in this way to retain 'safe harbor' provisions within the DMCA. And it only would cost them money to attempt to asses the video for fair use, etc. There is no incentive for Youtube to behave in any other manner.
YT did take someone to court a few years ago for repeated invalid claims. But that was a complete chancer, not one of the large copyright owners/agents. Again, no incentive for them to do so.