Copyrights, Fair Use and YouTube
If you’re an active YouTube channel user, you’ve probably come across the subject of COPYRIGHT ABUSE! Not from the standpoint of private channels abusing performers’ copyrighted material, but from the perspective of YouTube creators and how their rights are being circumscribed.
While the system is designed to protect the exclusivity of a given creator and owner, it also ensures the rights to reproduce their work. YouTube’s automated measures, such as copyright strikes, Content ID, and the Copyright Verification Program, are called into question. These methods have been criticized for favoring companies and their use of copyright claims to limit the usage of uploaded content. Not only that, but YouTubers have been attacked by so-called companies that are now making copyright assertions. More precisely, fakes who claim they hold said copyrights.
The proof of burden falls on you, the creator. In other words, little ol’ you is up against giant corporations and their teams of lawyers. Sound scary? It is even if you haven’t done anything wrong and abided by the rules of fair use.
Can’t we do something about false claims?
In America, nearly anyone can sue, but the real problem is that there aren’t any consequences if they lose.
The litigation problem in America has reached epidemic proportions. About 50 million lawsuits are filed every year. Statistically, each American will be sued five times over their lifetime. And this doesn’t include all the other potential threats – divorce, etc. The challenge is no longer making money – it’s keeping it!
Why is America so lawsuit crazy? Sociologists, economists, politicians, and lawyers each have their own theories. Our perception is that we have too many lawyers, too many laws, and too few judges with the courage or common sense to summarily throw out the blatantly frivolous lawsuits. We also have too many juries that don’t rule on the basis of liability. Their goal is to empty a defendant’s ‘deep pockets’ and redistribute the wealth.
There are also too many incentives to sue. For example, a punitive damage claim can enrich a plaintiff who has little or no actual damage with a multi-million-dollar windfall. Nor are there many reasons not to sue. It won’t cost a plaintiff a dime in legal fees because most lawyers work for a contingent fee.
March 15, 2021
The Presser Law Firm, P.A.
Bingo! Excessive Litigation
Nor are there many reasons not to sue. It won’t cost a plaintiff a dime in legal fees because most lawyers work for a contingent fee.
In essence, it’s the little guy who has the burden of proof. You get accused/sued, and it winds up that money comes out of your pocket if you choose to fight back. This is what’s occurring on YouTube. Many remove the videos from their content instead of disputing the claim. The vast majority don’t have the time and/or the financial means to defend themselves. Giving up appears to be their only means of recourse. It’s a massive win for their accusers, and it’s why it occurs so frequently.
As to not repeat myself, please read my previous post regarding this ongoing dilemma – And We Won’t Back Down
It explains YT policy and the facts regarding Fair Use as a legal defense.