That’s sensible thinking. can’t have that.
This has been going on for years. Just try uploading anything with classical music and watch the feeding frenzy of competing automated copyright claims begin. Appeals go to the claimant, and even if you have rock-solid evidence that (a) it’s not their performance and (b) you bought a license to use it, the appeal is almost always denied. And if the appeal succeeds, the next claimant pops up and monetizes your video, and you’re right back to where you started.
Bummer. I was flagged for a youth harp ensemble performance of Silent Night yesterday. Now I can look forward to the MusOpen library on my Avid getting flagged in the future. Thanks for the warning.
If Marvel and DC can jointly trademark the phrase “super-hero”, why couldn’t three companies jointly own a song (that isn’t already in the public domain)?
Three companies, theoretically, could have rights in a particular song. Sure. Maybe it’s a cover of a song, or there’s sampling going on that they’ve made agreements over.
But in that case, the whole issue of monetizing the song by running ads on it and giving the proceeds to one of those companies would be completely screwy. No matter how the algorithm handled it, chances are it would be doling out money incorrectly, and could be opening Google up to other legal issues.
Google is a shit company and getting shittier.
IANAL… but it seems to me that since the end result is that money due to the creator is falsely being diverted to another party, this should all fall within the realm of the RICO act. It certainly sounds like racketeering to me. Lack of punishment under the DMCA should be reasonably irrelevant.
The system is crazy. Please see below a screenshot of my Youtube account. I updloaded Plan9 from outer Space, in the Public Domain. I got 6 claims, all of them undocumentent. I disputed them, but some have been reinstated and to appeal they threaten me with all kind of things.
Dangit, there has got to be a way to block these fuckers!
Hilarious Ed Wood movie. How do these things get reinstated? How do you appeal? Would you show us one of the threats? What a hassle.
My impression is that YouTube goes back and asks the party that made the dispute “are you sure?” and if they click “Yes” it gets reinstated. Some companies always reinstate because there are effectively no penalties for lying.
You have to use the Youtube system. You appeal filling several forms. You can always upload a movie yourself and see the process.
Maybe the movie is in the public domain and the soundtrack music is not. Maybe Ed Wood never even got permission on the music?
The main thing we can do is use youtube alternatives instead of youtube.
Retrosonic Records, the company that made the sound track, no longer exists http://digitalmeltd0wn.blogspot.ca/2010/07/plan-9-from-outer-space-soundtrack.html
There is a law involved here - DMCA. The large music publishers view the lack of due process and lack of recourse for fraudulent claims in this particular law to be features, not bugs.
Isn’t theft by deception illegal?
By the creating of tools that send fraudulent DMCA takedowns to google which automatically divert fund, the claimants seem guilty of theft by deception.
Call the cops and file criminal charges.
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