Miracle of Sound's channel was hit with multiple copyright strikes as a result of automated strikes by the distributor of their own music. Strikes for posting own work Ĭopyright strikes have also been issued against creators themselves. They assert that copyright violation, in this context, has been used as a strategy to suppress criticism. YouTube creators have reported receiving copyright strikes on videos that are critical of corporate products. Various YouTube creators have reported receiving copyright strikes for using media in the context of fair use. Reasons for strikes Disagreements about what constitutes fair use įair use is a legal rationale for reusing copyrighted content in a limited way, such as to discuss or criticize other media. 1.4 Strikes for works in the public domain.1.1 Disagreements about what constitutes fair use.YouTube and Nintendo were criticised by Cory Doctorow, a writer for the blog Boing Boing, due to them reportedly treating video game reviewers unfairly by threatening them with strikes. The complaint is that the system assumes guilt of YouTube users and takes the side of copyright holders even when no infringement has occurred. Some users have expressed concern that the strike process is unfair to users. YouTube assigns strikes based on reports of copyright violations from bots. When a YouTube user has three copyright strikes, YouTube terminates that user's YouTube channel, including any associated channels that the user have, removes all of their videos from that user's YouTube channel, and prohibits that user from creating another YouTube channel. When a YouTube user gets hit with a copyright strike, they will be required to watch a warning video about the rules of copyright and take trivia questions about the danger of copyright.
YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process. The Digital Millennium Copyright Act (DMCA) is the basis for the design of the YouTube copyright strike system. And two, to require users prove they are actual humans before being able to submit channel strikes.YouTube copyright strike is a copyright policing practice used by YouTube for the purpose of managing copyright infringement and complying with the Digital Millennium Copyright Act.
One, to assume the innocence of channels who are over a certain threshold of average like to dislike ratios and are in good standing. "We need more of this action to ensure a deterrent against these false strikes."įleischauer said there are two immediate fixes that he can see. YouTube sued a man called Christopher Brady in 2019 after it was brought to the company's attention that he had submitted multiple false copyright claims against Minecraft gaming YouTubers Kenzo and ObbyRaidz. "In addition, I would love to see YouTube take a stronger stance against this type of behavior." 'It's a constant guessing game' "There needs to be an option when you appeal, or an email you can contact to allow creators to report copyright abuse, since it is one of the more increasing ways that creators are being silenced by trolls or by people trying to stop criticism," said Swan. JustDestiny had the video taken down - called a DMCA takedown - by falsely claiming he owned it, and by sending a fake cease and desist. YouTuber LtCobra also had trouble when he made a video that was critical of another creator called JustDestiny for using photos of underage girls in his thumbnails. One of his biggest critics, Repzion, often has to appeal multiple false strikes on his videos. Onision, possibly the most vilified creator in YouTube's history, is known to abuse this system. A system called Content ID scans videos and flags any to creators where it sees their work being copied, so the creator then decides whether to make a claim depending on whether the video falls under fair use or not.
But that's exactly the scenario today." 'YouTube doesn't listen'Ĭopyright claims can only be made within the YouTube platform, but that doesn't mean they are any less misused. "A channel in good standing for 5+ years, with never a strike or infraction and over 1,000 videos uploaded, shouldn't be immediately assumed guilty when several complaints come in about multiple different videos in a. "YouTube needs to stop treating their creators as guilty," he said.