YouTube faces creator backlash

Re:YouTube faces creator backlash by jandrese on Monday July 29, 2019 @04:30PM (#20559082)

The other thing to remember is that media cartels don't want you to remember that Fair Use is a thing, so they try as hard as possible to make sure no automated system has a provision for it and to argue that there's no good standard to follow so you can only use it if you're willing to pay for lawyers and court time.

But in YouTube's case it is kind of moot since the system isn't designed with fair use in mind and is not technically copyright claims. It's entirely up to YouTube to decide what they do, and their default and only position is to side with the media companies with the expensive law firms over their actual content creators.

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Re:YouTube faces creator backlash by dijksterhuis on Monday July 29, 2019 @06:48PM (#20560282)

Actually fair use falls firmly on the side of copyright holders when a claim is made, until it is disputed in court.

The provision for it is to take it to court. That is the only option. There is nothing YT can do if a claim has been made.

So it’s right that there isn’t a counter claim system in place for fair use here.

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Re:YouTube faces creator backlash by VBprogrammer on Tuesday July 30, 2019 @08:40AM (#20564249)

I'm not sure why this is being downvoted because it's exactly correct from a the current legal position (as far as I understand it). An automated system can't reasonably be expected to establish, for example, whether copyright content is being used for the purposes of parody. Similarly, a copyright holder has every right to disagree with your determination of what is parody or transformative works, there aren't any simple rules to get around that.

Whether that is a sensible position for us to find ourselves in is another question.

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