Copyright Attorney on I hate everything's claims from Merlin #WTFU
Hey everyone! I just saw I Hate Everything's recent video "This isn't funny anymore" on
how their other video "I hate damn daniel" got two illegitimate copyright claims from
some company named "Merlin CDLTD".
This is a great and terrible example of what's wrong with Youtube's copyright policies, and
highlights the problem with access to justice as well.
If you haven't seen I Hate Everything's video, I will link to it below, it simply shows the
copyright claims on his video while he explains how nothing in his video is even remotely
close to copyright infringement, and the claim must be false.
He goes on to show that he contacted the actual copyright owner, Dylan Dauzat, (I apologize
for my pronunciation), who has stated they have nothing to do with the copyright claims.
"I hate everything" goes on to explain that, even though he expects to prevail over the
false claim and the video reinstated, he will lose all of the revenue to the claimant, Merlin
CDLTD, in the mean time.
First, let me give you my genuine reaction to all this:
What the duck?
Now, this is patently unfair and against the law. And by patently, I mean it is obviously
unfair. So unfair, that it's inevitable that someone would exploit a system like this in
exactly this way. So obvious, that the creators of this terrible policy should have seen this
coming.
I went over a bit of this in my previous WTFU video, but here's quick summary. The problem
with copyright law, takedowns, and Youtube, is that Youtube wants to stay out of it, and
stay immune to copyright claims in their 'safe harbor'. To do so, they have created company
policies on how they will react to takedowns. They have this basic duty under the DMCA.
Their policy, which I haven't yet experienced for myself, is apparently to give deference
to the sender of the takedown, including giving them revenue gained during the dispute, with
no remedy through Youtube for the recipient of the illegitimate takedown.
Now, of course the recipient of the illegitimate takedown has a legal claim, and probably multiple
claims, against the sender. But that claimant has to be willing and able to push the thing
into court, or at least take action outside of Youtube, because it appears Youtube is
not yet helping. Perhaps these videos on the subject will get their attention.
What should Youtube be doing? It should at the very least be returning the revenue generated
during the dispute to the prevailing party. This isn't cash! Youtube revenue doesn't even
pay out until the next month; there is simply no reason that revenue couldn't or shouldn't
be automatically awarded to the prevailing party in a dispute. This would remove the
incentive for companies to make illegitimate claims in the hopes of scoring some easy revenue.
Second, if channel can get strikes for receiving legitimate copyright claims, then channels
should get strikes for sending illegitimate claims. Three strikes and you can't send any
more takedowns without paying for a review from an independent copyright attorney. Youtube
has apparently started defending some videos that get lots of illegitimate claims, but
only the select few. A simple policy change would go a long way to leveling the playing
field - and isn't that what the internet is all about?
So what are creators supposed to do? They have to fight! Small or large! Yes, it means
putting time, effort, and money into the fight, but it's the only way to stop illegitimate
claims. Some legitimate claims are on the line, and are sincere disputes over borderline
content. But clearly false claims need to come with consequences or they will be further
incentivized.
The fight can be hard and expensive, but not all the time, and not in every case. It often
depends entirely on the willingness of the parties.
It can be hard for small channels that have few resources and little money. Perhaps an
organization can be formed to represent small channels in disputes like this for a reduced
or no fee, supported by the community. Perhaps that organization could be a non-profit, and
run by one or more copyright attorneys, who need public service time to help qualify for
student loan forgiveness. Hmmm. More on this later.
What can you do if you are watching all of this? Like and share! This movement is gaining
some good traction and I sincerely believe you can be the energy for change. Tweet your
thoughts to Youtube's CEO @SusanWojcicki along with the #WTFU hashtag.
Leave your comments, thoughts, and suggestions below! I do try to answer your comments whenever
I can. I enjoy reading all of your thoughts and try to improve my channel with your suggestions
with every video that I make.
I am Leonard French. I love you all. Thank you for watching.