02-23-2016, 05:44 AM
Yes...5 seconds of her avatar talking over top of the copyrighted clip. If I green-screened myself in front of a movie, it's still using the movie. That's not technically 'her' content. The avatar is, but the backing is not.
You missed all of my points, though. I said that her videos were critiques and should be covered under Fair Use, regardless of whether her avatar is in front of the clip or not. What Yamadabadoo or whatever the hell that little Italian rip-off company was called is doing to her is wrong.
Here's the issue, though. Nothing's going to change. YouTube doesn't have a badly planned system, it has a perfectly designed system for what their goals are. You see Sony, MGM, etc. are the people they are concentrating on. Sony can put a fraudulent claim on one of my videos and get all my YT revenue, and Google is fine with this, because it wants to make sure that Sony is happy with it; that way when Sony puts out a new musical act's music video they put it on YT. How big of a Youtuber do I have to be before Google decides I'm worth more money than Sony?
Similarly they want MGM to put their movie trailers on YT, far more than they want me to put another video about samurai history on there. So if MGM puts a fake claim on my video, Google has no incentive to help me. That's why companies like Sony and MGM can contact YouTube and get actual customer support; but I would just get a form e-mail response if I tried it.
Trust me...it was designed this way. The only way to stop is it to fight back. There are two ways and they are both expensive and nearly impossible.
1. The biggest Youtubers being affected by this stuff need to stop making videos. They need to upload a video explaining that they will not create another video for major companies to rip them off and that they will only return to making videos when YouTube changes its policies and content ID systems. They can go a step further to actually go to Google's headquarters and protest; that'll give media attention to the issue.
Why it would work: Same reason MLK's bus boycott worked. I don't go to YouTube daily to see the newest music video or movie trailer, I go to see my favorite Youtubers: Extra Credits, Game Grumps, DYKG, etc. So if none of my favorite Youtubers are uploading new videos...how long until I stop even logging on and just to go Netflix or Hulu and watch all the TV shows I can't catch up on?
Why it won't work, though: Many of the biggest YouTubers are part of the system and are part of big conglomerates, like Maker Studios and Machinima. They have no incentive to help out because their YT conglomerates protect them from false content IDs. PewDiePie isn't getting hit with fake content IDs. You'd have to get enough of the big guys cutting their ties to make YouTube take significant financial loss to convince Google to come to the negotiating table.
2. Youtubers hit by a false content ID need to sue the company who did it for the lost revenue and violating fair use doctrines and name YouTube/Google in the suit. Even if its a Class-Action lawsuit against several companies. Part of the reason why YouTube created this content ID system is to protect itself from getting sued by big companies like Sony and MGM. It favors them over the little people, because the little people aren't a threat to them in court. Or so they think.
Why it would work: If enough little people harass them with lawsuits, they'll have to figure out a new program that's more fair.
Why it won't work, though: Good luck in getting small channels to sue a big company like Google and their cronies. Do you have any idea how expensive a lawsuit like that would be? Even after getting damages back or a good settlement offer, you might wind up in the hole. Not to mention the real problem is that it might take years before the case is actually settled or decided and in that time...you're spending thousands of dollars on court cases, but still losing out on your income because the companies are still targeting you for content IDs.
Note: BTW, Sony and MGM are the ones I use in all my examples simply because they're the ones who have come after me before for one of my older videos. They claimed one of my videos before I even monetized and it wasn't worth fighting it, because I knew the system was broken. They put ads on my video they split the proceeds between themselves 50/50. If I refuted the claim and they both said, "Nope, we were totally in the right." Then I go from one video monetized by someone else to two strikes on my account. A third one is immediate deletion of account.
The trick is that when I'm not too lazy to do anything about it, I can now just host it on my own site and there's nothing they can do about it then. But I haven't even had a new view on that video in almost a year, so it's low on my priority list.
You missed all of my points, though. I said that her videos were critiques and should be covered under Fair Use, regardless of whether her avatar is in front of the clip or not. What Yamadabadoo or whatever the hell that little Italian rip-off company was called is doing to her is wrong.
Here's the issue, though. Nothing's going to change. YouTube doesn't have a badly planned system, it has a perfectly designed system for what their goals are. You see Sony, MGM, etc. are the people they are concentrating on. Sony can put a fraudulent claim on one of my videos and get all my YT revenue, and Google is fine with this, because it wants to make sure that Sony is happy with it; that way when Sony puts out a new musical act's music video they put it on YT. How big of a Youtuber do I have to be before Google decides I'm worth more money than Sony?
Similarly they want MGM to put their movie trailers on YT, far more than they want me to put another video about samurai history on there. So if MGM puts a fake claim on my video, Google has no incentive to help me. That's why companies like Sony and MGM can contact YouTube and get actual customer support; but I would just get a form e-mail response if I tried it.
Trust me...it was designed this way. The only way to stop is it to fight back. There are two ways and they are both expensive and nearly impossible.
1. The biggest Youtubers being affected by this stuff need to stop making videos. They need to upload a video explaining that they will not create another video for major companies to rip them off and that they will only return to making videos when YouTube changes its policies and content ID systems. They can go a step further to actually go to Google's headquarters and protest; that'll give media attention to the issue.
Why it would work: Same reason MLK's bus boycott worked. I don't go to YouTube daily to see the newest music video or movie trailer, I go to see my favorite Youtubers: Extra Credits, Game Grumps, DYKG, etc. So if none of my favorite Youtubers are uploading new videos...how long until I stop even logging on and just to go Netflix or Hulu and watch all the TV shows I can't catch up on?
Why it won't work, though: Many of the biggest YouTubers are part of the system and are part of big conglomerates, like Maker Studios and Machinima. They have no incentive to help out because their YT conglomerates protect them from false content IDs. PewDiePie isn't getting hit with fake content IDs. You'd have to get enough of the big guys cutting their ties to make YouTube take significant financial loss to convince Google to come to the negotiating table.
2. Youtubers hit by a false content ID need to sue the company who did it for the lost revenue and violating fair use doctrines and name YouTube/Google in the suit. Even if its a Class-Action lawsuit against several companies. Part of the reason why YouTube created this content ID system is to protect itself from getting sued by big companies like Sony and MGM. It favors them over the little people, because the little people aren't a threat to them in court. Or so they think.
Why it would work: If enough little people harass them with lawsuits, they'll have to figure out a new program that's more fair.
Why it won't work, though: Good luck in getting small channels to sue a big company like Google and their cronies. Do you have any idea how expensive a lawsuit like that would be? Even after getting damages back or a good settlement offer, you might wind up in the hole. Not to mention the real problem is that it might take years before the case is actually settled or decided and in that time...you're spending thousands of dollars on court cases, but still losing out on your income because the companies are still targeting you for content IDs.
Note: BTW, Sony and MGM are the ones I use in all my examples simply because they're the ones who have come after me before for one of my older videos. They claimed one of my videos before I even monetized and it wasn't worth fighting it, because I knew the system was broken. They put ads on my video they split the proceeds between themselves 50/50. If I refuted the claim and they both said, "Nope, we were totally in the right." Then I go from one video monetized by someone else to two strikes on my account. A third one is immediate deletion of account.
The trick is that when I'm not too lazy to do anything about it, I can now just host it on my own site and there's nothing they can do about it then. But I haven't even had a new view on that video in almost a year, so it's low on my priority list.