Re:YouTube-dl has received a DMCA takedown from RIAA
by 542354234235 on Monday October 26, 2020 @11:24AM
(#24897166)
I don’t understand your argument. No one is saying that recording a performance isn’t subject to copyright law. They are saying that youtube-dl is the camera, or the camera manufacturer. Canon or Nikon are not subject to copyright law because I use one of their cameras to illegally record a concert, I am. I am the one that did the illegal act and the fact that manufacturers make cameras, that gave me the ability to do it, is not the problem. The argument is youtube-dl shouldn’t be subject either, that it is the individuals using it to download copyrighted material that are breaking the law and a program having the ability to be used illegally is not the fault or responsibility of the program.
In the criminal sense, you're correct.
In the civil law sense, you'd be wrong. Using a camera to record a performance is an act of copying and is subject to copyright law. Generally, if the performers and/or the owner of the copyright don't give you permission to record the show, you don't have the right to do so. (Note that taking pictures or recording short clips is usually but not always regarded as fair use. Recording an entire performance without permission is rarely treated as fair use.)
However, recording the performance is also an act of creation, resulting in a derivative work that has its own copyright, but one which is useless without a copyright license to the underlying performance.