Strict Copyright Laws Need to Be Relaxed

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Avatar for Pantera
3 years ago
Topics: Change, Copyright, Law, Writing, Blogging, ...

When I started writing earlier this year, I already had knowledge of copyright laws and how copyright claims are handled.

Some organizations are surfing the most popular websites like YouTube, Medium, etc, and flagging content for copyright infringement.

I am glad I didn't immediately start a YouTube career, as I would have certainly failed and perhaps risked having my work deleted. This is not because I don't care for copyright, I am not entirely against it. The law is clear on the entertainment sector but it seems that far too much content is getting flagged, even when content is just reused from the public domain.

Most claims are correct since video content creators may use audio or video from content that falls in the commercial category of copyright. As a weiter, I wouldn't like it my content to be used without permission, either. Although, there is also content that should be examined with a different approach.

Copyright Permissions on YouTube

I did a lot of research lately on YouTube and how it handles copyright.

Main Points:

  • Inclusion of copyright-protected material needs permission from the owner of the copyright

  • YouTube doesn't grand these rights and doesn't have a process for this

  • Verbal permission is not enough

  • An artist's permission may not be enough either, since the copyright may require various permissions

  • Even a recording of the copyrighted material (like a live show) requires written permission from the copyright owners.

Equally important is the part explained about the procedure YouTube uses to remove content.

YouTube has an AI that scans for copyrighted material and automatically removes those uploads infringing this right. However, there are companies with the sole purpose of finding copyrighted material uploaded on YouTube and requesting immediate deletion. YouTube has to respond to Copyright law, but more than often there will be cases of public domain or Creative Commons content being requested for removal.

YouTube has no obligation to delete content unless it is first contacted by the copyright owner. This has created most of the confusion on copyright laws.

The fundamental question for anyone is how a video that infringed copyright laws stays up for years and profits from this.

The reason is that YouTube allowed it in the initial upload phase and there was no other report against this content so far by the copyright owner.

Whatever. Few understand all the details in this law, but a content creator barely has a reason to proceed with copyright infringement knowingly.

Still, everything I have read so far is about content that is movies or music. It is something most content creators already understand well and still will fill their content too often with the content used without permission but with certain methods that seem to work so far.

It gets weird, very often though. Streamers are lately live-streaming their reaction watching other videos on YouTube. Is this not copyright infringement? It gets even worse when the gaming industry also restrains anyone from using images from the games purchased, although there are thousands of streamers on platforms like Twitch and YouTube, profiting by playing games.

Well, each company has a more informal standing on streaming. It is helping the industry, so it would be a mistake to proceed with copyright claims against gaming streamers.

You are free to monetize your content via partner programs, such as the YouTube and Twitch partner programs, unless your videos happen to include copyrighted music that is identified by the site's content ID systems.

Any other use of our content in videos must be non-commercial. Please do not charge users to view or access your videos, or sell or license your videos to others for a payment of any kind.

Ubisoft

I'm not sure but I think that all streaming videos are licensed and copyrighted as well.

Twitch for example states clearly:

Examples of content you must not share include:

  • Other Twitch creators’ content

  • Pirated games or content from unauthorized private servers

  • Content from other sites

  • Movies, television shows, or sports matches

  • Music you do not own or do not have the rights to share

Source

All the top Twitch streamers have violated most of these guidelines.

What about the images though? As in taking a screenshot in game and using it for an article.

The copyright laws are vague and, under different circumstances that have reached the courtrooms, the judge’s decisions have been contradicting.

Courts have even acknowledged the fact that publishing content in lower quality does not infringe on copyright law. But even that is not allowed lately.

There are images captured by photographers that are under copyright and, of course, can only be used under their permission or purchased. This is their job, and the content is respected. There are also some licenses like Creative Commons that allow the content to be used.

We can embed a video clip from another platform (e.g. YouTube) and publish it in our posts on the writing platforms we use. However, we may not take a screenshot from this video and use it in our content.

The reason some lawmakers are giving is that the video is embedded, so the actual footage counts as a visit to the original website where it was uploaded (i.e. YouTube) while the image (screenshot) is not. I’m not sure YouTube counts embedded views. Maybe it does, but I haven’t tested it, yet.

But the reality with video content is that without permission we are not allowed to use any screenshot from a video clip.

Screenshots from Youtube are not allowed for use in blogs or any form of written content unless again the copyright holder provides written permission.

Too much Confusion

What about when:

-the video captures important events or news, or content important for the education of the public,

- is from another decade (the 80s) making it difficult to find the copyright owner

- is low quality (480p or even lower),

- It is screenshots from YouTube video content that doesn't belong to the video uploader but he used it anyway (with or without permission, still no mention)

- the video originates from an 80s VCR tape, recorded by a random viewer.

- it contains the voice of a person asking for help

- It is real NEWS footage and not a movie

- A popular YouTuber just grabbed it from another Youtuber and added in his content, nobody knows where the original source is anymore

- And finally, when this screenshot is used without any permission but manages to reach a discovery that would bring significant positive effects like :

  • A solution to a crime, or expose a criminal

  • Shed light to a difficult situation

  • Bring justice and help anyone interested reach a fair conclusion

  • Educate the public

  • Be used as evidence of corruption/scandals/manipulation/censorship

In my opinion, copyright should not apply in news at all. News is content important for the spread of knowledge of events. Its importance is beyond entertainment value.

Video footage, though, and photographs, are required, and it usually takes a professional to be at the right time in the right place and take the picture that will later become news. So the news is a product, then.

This is not just about telling the news, but having the right people at the right place and creating a video or photo coverage of events.

A certain network will broadcast the content, but other networks will have to pay to acquire it and broadcast it as well since the news operates for commercial purposes.

But, in case there is research that brings a different conclusion from what the newscasters explain, I think that all “news” copyrighted content drops. A researcher will not just take a copyrighted image to sell the same news again, but use it as a part of their investigation. And sometimes these images or parts of video footage are required.

In order to report current events, the reporter may use copyright materials to provide information to the public in relation to the respective events.

This is allowed under the following conditions:

1) The material used is not a photograph

2) The purpose is really for reporting current events

3) The use of the material is fair

4) The use of the material is accompanied by sufficient acknowledgement

Source

In Conclusion

Are the current copyright laws hindering reporting, investigation, and content creation? When the outcome of a report sheds light on an important event or the content simply sets things straight, shouldn't it be allowed to use simple screenshots from videos?

The copyright law clearly states no. Photographs can't be used, we know this since all are copyrighted unless the owner makes them public domain. Still, this creates additional confusion in my opinion.

What about the photographs and recordings from major events. A content creator is being restricted and unable to use 99% of actual content.

Moreover, when there is content that is not commercial for entertainment purposes (unlike a movie or a song), but actual footage of a rescue operation or a story that is misrepresented on YouTube, isn't there a need to set things straight?

When there is clearly no copyright available anywhere, since this is about a video from 32 years ago, recorded by someone's VCH and reproduced massively at YouTube with no copyright infringement issues, (but no copyright anywhere to be found), isn't this already public domain and free to use?

When no action has been taken to protect copyright for a decade or more, and this content is widely reproduced in various media with no permission all this time, I think that the logical decision would be to include any such content in the public domain.

And all this for a few screenshots of one video from YouTube...

How is a screenshot from a video different from quoting another article?

Since a link is given in the description and there is a whole lot more in an article than just this screenshot, isn't it a bit too much to ask as a copyright violation?

It gets frustrating at times.

Images:

Lead Image from: Unsplash, by Markus Winkler


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Avatar for Pantera
3 years ago
Topics: Change, Copyright, Law, Writing, Blogging, ...

Comments

@Pantera, thanks for bringing out this controversies and contradictory laws ashore. As a writer or a person that must market, create or build brands, It is important to ensure that these laws are mapped out with clarity and conciseness.

It is alarming, seeing where you stated that even the judges are often straddled with the burden of trying to make sense of the laid down laws. I think, it should be reviewed and revised accordingly to serve the interest of content owners. Thank you for this wonderful piece.

The depth of your research is reflected in the content. I'm glad I read this.

$ 0.10
3 years ago

Nice article...

$ 0.00
3 years ago

the subject of copyright is very important nowadays. the youtube video was very good and simply explained. thank you very much. 💐🤗

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3 years ago

Unless

$ 0.00
3 years ago

It when we learn to stop breaking law of copy right that is when there would be improvement

$ 0.00
3 years ago

Interesting view on the copyright system we've got these days. You know, the same one we've had since 17 something. I take a somewhat different view on it though. It should be completely abolished and completely re-thought and recreated with the world we live in, the technology we're using and the people we're in this socyety with in mind.

The creator who creates something does so to earn money. Well, isn't it better then for that creator to go do something else? Isn't he or she heading for depression and deep unhappiness? Shouldn't creators do it because they're good at it and love nothing better than to create?

Well i think that the copyright should focus on the intent for the creation by its creator. If i intend to use something as a marketing tool or just to wrap the fish and chips in... What then? If its intended to be used, than get a move on and use it. Do not let it into the public domain at all. If it's to wrap the fish and chips in, than the fish and chips merchant should pay the creator some form of fee, because that mercheant uses it commercially to sell fish and chips.

If certain content is used by a YT-er should not the content creators pay the one sharing their content for the marketing and exposure they've created for the origional content?

Just one rule could be the basis, the framework and future of Copyright law.....Every should be allowed to use any content that exists. But every dollar made out of it (the content) is firstly used to pay a fee to its creator. and the same goes for anyone using the content from the second... claiment. Even when something is used in a study that later forms the foundation for a career, a fee needs to go to the origional creator.

But no restrictions on how, why, or by whom it is used, and even credits no longer need to be nentioned. If a creator want to control the created, they should not make it available. If the make it available then they're letting it go. As soon as something is out into "the public" it's free.

That system would be fair, realistic and also easy to understand, teach, explain, implement and maintain. (again, this is just MY opinion. Which is copyright free by the way)

$ 0.10
3 years ago

Agreed. What you suggest would be a fair system and should be considered. Makes better sense than the current one.

$ 0.00
3 years ago

Nice article. That is the problem to the other creators they are copying other content. But why this happen? Because content creators is lack of knowledge about the law of copyright claim.

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3 years ago

I've opened a YouTube channel long ago. I was so dedicated and did hard works. But i used to made AMV(anime music video). But in the end they gave me copyright strike. Yeah YouTube just want original content.

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3 years ago

There used to be a lot of AMV content and it was cool but there was copyright infringement in most cases. The anime producers didn't like it, although sometimes these videos were doing great advertisement to their series.

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3 years ago

The only thing i know is only YouTube has a copyright rule. But i was wrong because even music, movies, film, writing, etc has a copyright law. And later on i also ignorant about in writing that has a plagiarism. I thought befor3 that we only write article and don't have any copyright rule or plagiarized but since this past few month plagiarized is the issue here in read.cash and thats the time i know about plagiarized. So from that day on i even more careful in writing some article. And i was surprised that i have a lots of plagiarism article even that it is my own idea and not stole it in the internet. So i slowly delete some of my articles. Anyway thanks for reminding us this article of yours.

$ 0.00
3 years ago

I'm not sure how you didn't know that plagiarism is wrong. Usually this is taught at school but it is also common sense you are stealing thoughts from others. It is entirely different from providing a small quote though with a link to the source.

What I am discussing here is taking a part from content like a screenshot or when being a video content creator, a small part from another video (a few seconds), which is similar to quoting someone.

$ 0.00
3 years ago

I wouldn't say plagiarism is inherently wrong. If the origional author is paid his/her/its fee i don't see a big problem. What if the plagiarist gets the content marketed and sold a million times more than the origional author did, makes them both wealthy and rich individuals? Wouldn't the plagiarism, even the most blatant kind you can imagine, straight up copy and paste without source and claimed by the plagiarist as his/her/its own, be the best thing that could have ever happened to the origional author?

$ 0.00
3 years ago

Face it, the plagiarisers by 100% just want to make money fast by counting on the work of others. They present the work of others as their own.

They don't want to help the work of the original creator since they never use links of the source in their articles. What you suggest has never happened and has very little chance of happening in the future. These are just plain thieves that want to leach on the work of others and make money without an effort.

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3 years ago

I know, but there have been cases where the copied knock off made more money than the origional piece did. What i'm proposing is that despite the thieves stealing it, the (blockchain based?) system forces a fee from every sale the thieves make to go to the origional author, regardless of their intent. [edit]I was thinking the NFT's were going to develop into something like that... WAS thinking...[/edit]

$ 0.05
3 years ago

I only know is copyright wheb i started blogging in YouTube.

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3 years ago

I dont know about plagiarized until it was trending here in read.cash.

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3 years ago

I remember someone who's very famous in Tiktok and released a song but someone dig a research and found out that the song she released was played way back 70's. It's considered as copyright I guess.

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3 years ago

When creating music, it also gets very difficult. There have been many cases with musicians suing each other for stealing a guitar riff.

Even Led Zeppelin was accused of having stolen a guitar part of "Stairway to Heaven" from another group. With music, it is difficult to say something with certainty or even accuse the musician.

One may have heard a particular riff years ago and when creating music just played a very similar one.

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3 years ago

Copyright and trademarks are some of the most ambiguous things in the modern society. Someone can use a song after x years but somone can't make a product that looks even a bit similar to a top brand... and many more

$ 0.05
3 years ago

There are cases that go to court and the judges rule against the claims. It is ambiguous and some platforms are just acting following the strict interpretation of the law.

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3 years ago

The recent one I seen is a team playing football in Romanian 3rd division. Their name WAS Juventus Bucharest... because Juventus Torino sent them and international court order forcing them to change the name. They had the name since 1993 when no such silly rules were around

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3 years ago

LOL! Yes, sometimes it gets to a comical point.

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3 years ago

Funnyest claim i know of was a live stream my friend did. During the stream, he was playing an mmo, he stood still for 12 seconds on a beach. That 12 seconds was claimed by someone. Not because of the images, not because of music or art or anything. But they claimed the sound of waves crashing on the beach. The actual sound of the waves sloshing onto the sand. my mind was officially (certifiied) blown that day.

$ 0.05
3 years ago