Why it Takes Three Weeks to Post Your Youtube Video
In the year 2009, copyright disputes have been taken over by robots.
On July 21st I posted a remix video to Youtube called “Super Pork and Beans All-Stars.” It was a remixed version of Weezer’s popular Pork and Beans music video, which is owned by Universal Music Group (UMG) – my version was made of new footage that I manipulated to match the song.
Immediately after the upload, Youtube’s copyright bots recognized the UMG song on my soundtrack and disabled my video. Youtube has a built-in online tool for copyright disputes, so I used that to tell them that my work was fair use and should not have been removed. My movie was put back online right away, but the dispute process wasn’t over.
YouTube forwarded my dispute to UMG and I was surprised to find out that UMG replied back only a day later. They told Youtube that they owned the song and that I was not allowed to use it without permission. Such a quick response from UMG makes me suspect they’re using more bots to respond automatically to Youtube’s built-in disputes. After UMG’s response, my movie was automatically taken down once again.
Luckily for me I had already learned how to deal with this from Owen Gallagher, who runs totalrecut.com and has successfully fought other Youtube takedowns. On July 23rd, I followed Owen’s example and sent Youtube a DMCA counter-notice. These counter-notices need to be formatted in a specific way to be considered legitimate, otherwise it’s at Youtube’s discretion whether or not they ignore you. You can find a guide to how the DMCA counter-notices work at Chillingeffects.org.
I was finally notified that my video was going back online on August 12th — around 21 days after my original posting. A big chunk of that was spent waiting for UMG to meet their DMCA-imposed deadline to seek legal action against me if they found my video to be infringing. Thankfully, nobody has yet invented a bot that can take you to court, so the deadline lapsed and my video back went online, hopefully for good.
In the year 2010, copyright disputes should be handled by people.
So I got a happy ending, but imagine if I was a career artist who wanted to dedicate more time to creating than to looking up copyright law and counter-notice procedures. Or imagine I had kids, or school, or any number of things that might be more important to me than being a copyright geek. How willing would I be to dig through Youtube’s site to find the automated dispute process? And once that automated dispute got rejected, how willing would I be to research the precise criteria required to send my counter-notice in a format that Youtube couldn’t ignore? And if I had to do this for multiple videos, and wait three weeks per submission, who could blame me for concluding that Youtube just wasn’t the place to reliably distribute my work?
Youtube is actually one of the more obliging sites for providing tools and instructions on how to exercise your fair use rights, but even there it’s a small research project for any user who may want to fight back. Meanwhile major labels aren’t even bothering to hire staff to make sure they’re not taking down legal videos. The Electronic Frontier Foundation (EFF) has sued other content companies for abusing copyright in this way, but that has not been enough to deter the massive automated takedowns.
Others have already proposed an important step toward fixing this problem: replace the current “notice-and-takedown” laws with “notice-and-notice” ones. If UMG wants to take people’s videos down, users should have a chance to dispute it before the content is removed. There should be no pressure on service providers to take down legal content. This ought to be a minimum, uncontroversial step, even if we put aside other legitimate arguments for expanding fair use and reducing copyright terms. Internet users should not have to fight uphill battles to keep legal videos online just so a handful of labels can save on staffing costs.
[This is a guest post for PRV by video remixer IKAT381]
Category: articles
Topic Tags: copyright, corporations, fair use