Youtube has been caught in an uproar lately. With content creators rambling about how Youtube is a scary place? The Fair Use, DMCA, etc? Let's See what Fair Use looks like:
Fair Use: 17 U.S.C. § 107
Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. §
106A, the fair use of a copyrighted work, including such use by reproduction in
copies or phonorecords or by any other means specified by that section, for
purposes such as criticism, comment, news reporting, teaching (including
multiple copies for classroom use), scholarship, or research, is not an
infringement of copyright. In determining whether the use made of a work in any
particular case is a fair use the factors to be considered shall include: 1.
the purpose and character of the use, including whether such use is of a
commercial nature or is for nonprofit educational purposes; 2. the nature of
the copyrighted work; 3. the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and 4. the effect of the use upon
the potential market for or value of the copyrighted work. The fact that a work
is unpublished shall not itself bar a finding of fair use if such finding is
made upon consideration of all the above factors.
This could be used as a defense by the content creators as long as they follow the premises of the given law, but in Youtube? They never recognize Fair Use.
Since 2010, Youtube's landscape has changed quickly. It was bought by Google, and it became a that multi-media platform. Soon, studios began looking at Youtube's potential. Millions of viewers go to Youtube every single day. This is what advertisers are looking for and suddenly, ads popped everywhere. Because Youtube has difficulty of monitoring their site manually, they assigned robots, which does the automated system. These robots also respond to the complaints too, but the responses are nothing but arranged walls of text that doesn't even answer your questions. They are also responsible for taking videos and channels down. And this is just the surface. And this system? Broken. The Youtube customer service is also crap, which adds oil to the fire. Remember when I talked about DMCA? To summarize DMCA, Youtube is not liable to such copyright claims by other companies as long as they take the videos down with no legal trial involved. Broken automated system + DMCA = You obviously know where this one goes.
This is where it is terrible for the content creators. Youtube tends to have this "GUILTY until proven INNOCENT" philosophy. Youtube tends to side with the complainant at hand. If you are the complainant, and you lost the battle, you get no consequences whatsoever. If you are the defendant however? Not only you lose the ability to monetize your content, you may also get your video taken down, much worse, if you hit three strikes, your channel will be terminated. Some even go as far as transferring the monetization of the video to the complainant if Youtube or the complainant deems so worthy. Most content creators stay at Youtube because they earn for a living. And hearing all the news here and there, these content creators that want to entertain a wide audience are scared. Scared because they might hit a certain company, or step on a landmine or something. Worse case scenario? lose their jobs.
It just hurts to see how Youtube went to a website where video sharing was made for fun and entertainment and now, we are filled with scumbags that work behind the scenes and do nothing to solve the problem. DMCA is flawed, the automated system is broken. Once the companies raise the bar and seek legal trial, the average content creator cannot defend himself/herself because lawyers are very expensive.
Is this the downfall of Youtube? I hope not.
This has been Maveric, see you next time.








