Re:YouTube: filmmakers presumed guilty until maybe proven in...
by wmf on Monday October 18, 2021 @03:10PM
(#28910098)
Realistically most of these trolls will not sue you. And in the rare case that they do sue you, they'll drop the lawsuit if they see you have a real lawyer. It's all scare tactics.
Re:YouTube: filmmakers presumed guilty until maybe proven in...
by wongarsu on Monday October 18, 2021 @03:37PM
(#28910497)
Exactly. This goes also for legitimate copyright owners if there's a good case for fair-use. Content-ID claims (or DMCA notices) are free, so they just send them out with little review. But they are sure to take a second look before committing to a $10k-100k court battle. They have much more resources than you, but their resources are still limited and better spent on cases that are clear cut, or on sending more DMCA notices.
Even if your use is obviously and unambiguously fair use, the legal fees to defend yourself will range at least in the $10,000-100,000 range. (And many fair use cases aren't actually all that obvious, sadly).
We need something like anti-SLAPP for fair use, where someone with an obvious fair use defense gets to have the malicious accuser pay their legal fees for them.