YouTube copyright issues
YouTube copyright issues relate to how the Google-owned site implements its protection methods. The systems are designed to protect the exclusivity of a given creator and the rights to reproduce their work. YouTube uses automated measures such as copyright strikes, Content ID and Copyright Verification Program. However, these methods have been criticized for favoring corporations and the manifestation of a copyright claim industry that seeks financial gain through exploitation of the monetization of uploaded content.
When a person creates an original work that is fixed in a physical medium, he or she automatically owns copyright to the work. The owner has the exclusive right to use the work in certain, specific ways. In response to a lawsuit from Viacom, video sharing service YouTube developed a copyright enforcement tool referred to as Content ID which automatically scans uploaded content against a database of copyrighted material ingested by third-parties. If an uploaded video is matched against an asset in the database, YouTube warns the user of the match and applies a predetermined 'match policy'.
At the end of 2013, YouTube enabled automated Content ID claiming on videos uploaded by users who were signed with multi-channel networks (MCN). Previously, videos uploaded to channels that were linked to MCNs could only be claimed manually or removed with a DMCA takedown. This led to a large amount of new claims which suddenly left uploaders unable to place advertisements on their videos until they disputed. Users such as Angry Joe created videos complaining about the changes and how they would negatively affect the livelihoods of video creators.
The sudden increase in claims especially affected channels which uploaded content featuring video games (such as Let's Plays) and movies (such as reviews).
Attempts at copyright enforcementEdit
In 2015 YouTubers known as the Fine Brothers, who produce "reaction videos", applied to trademark the word "react" when it was used in an uploaded video title to protect their series such as "Kids React" or "Adults React". An action that received severe criticism from other Youtubers because it would mean - that if successful - that similar named videos could be removed according to Youtube's copyright system.
In 2016, the Fine Brothers launched React World. This was a program where people could use Fine Brothers' icons to make their own videos for free. However, all uploaded "React" content had to be monetized on YouTube and some of the uploader's revenue would be paid to the Fine Brothers. After a massive backlash against what Fine Brothers were doing, they cancelled the program and rescinded their copyright and trademarks and application. It's been estimated their actions lost them more than 400,000 subscribers.
Rapid growth in copyright claimingEdit
Since implementing its new policies, YouTube has acted swiftly to remove videos and even entire channels from its site when it receives claims of copyright infringement. However, despite its best intentions to protect creators and their works, a large number of claims are now made where no fair use laws have been broken.
In November 2015, this issue was highly publicized when a review of the film Cool Cat Saves the Kids by the channel "I Hate Everything" was removed by YouTube, along with videos on Channel Awesome and Markiplier. This led to a large number of complaints against YouTube and on social media sites like Twitter. This prompted YouTube's CEO Susan Wojcicki to respond three months later with "Thank you @YouTube community for all the feedback. We're listening" in February 2016.
Nevertheless, videos continued to be removed and flagged on the site when copyright claims were made against uploaders for using alleged use of protected material. On April 25, 2016, YouTuber and freelance video game critic Jim Sterling included clips of footage from Metal Gear Solid V, Grand Theft Auto V and Beyond: Two Souls, as well as the song "Chains of Love", in a video largely discussing Star Fox Zero. Sterling explained this at the end of the video as a way of preventing Nintendo from claiming and monetizing the video by including other material which was similarly flagged by Content ID, hoping that multiple claims would prevent anyone from monetizing the video and running advertisements on his channel, which is intended to be ad-free and funded solely by Patreon. In a follow-up video, he claimed that the technique, which he termed the "copyright deadlock", had succeeded, as the video received multiple ContentID claims, one of which attempted to monetize the video, while two others prevented any monetization, allowing the video to run advertisement-free. Sterling stated that this was indicative of a poorly designed system on YouTube's part, as a video which was well within the bounds of fair use had attracted three copyright claims. He also claimed that he would continue to include material which had previously received Content ID claims in videos likely to attract monetization attempts from the copyright owners, since fair use was not protecting his videos from copyright claims, pointing out that he now felt incentivized to use as much copyrighted material in his videos as possible, the opposite of what YouTube's copyright policies were intended to achieve.
In May 2016, a YouTube user Matt Hosseinzadeh sued the YouTube channel h3h3productions (run by Ethan and Hila Klein) citing a video that criticized his content. Fellow YouTube user Philip DeFranco started a GoFundMe fundraiser entitled "Help for H3H3". The initiative raised over $130,000. The Kleins later uploaded a video where they announced that any funds from the fundraiser left over from their lawsuit would be entrusted in to a 'Fair Use Protection Account', which other users could request assistance from in the event they were sued for copyright infringement.
On December 13, 2018, TheFatRat posted on Twitter that one of his songs, "The Calling", was content claimed by a user named Ramjets for unfairly using a song on the behalf of Andres Galvis, who had remixed the original track. He originally appealed, but was denied as it is not YouTube, but the user claiming the content who has the final say over the appeal. He messaged YouTube to appeal, but YouTube said that they do not mediate copyright claims..
On Jan 30, 2019, ObbyRaidz, a channel with 6000 subscribers, tweeted that someone called VengefulFlame had messaged him saying that they had put two copyright strikes on his channel (he did not infringe on any content) telling him to pay $150 to get the strikes removed, or else his channel would receive a third strike and be taken down. When he tweeted it, VengefulFlame messaged him: "Hey, we saw you tweet about us, Not sure why you thought that was a good idea or if you thought you would remotely get any help, but this has violated any potential deal. Enjoy your third copyright strike." Kenzo, a channel with 60000 subscribers, said the VengefulFlame also messaged him to tell him to pay $600 or $400 worth of bitcoin and said they were paid by someone else to strike him. YouTube however, stepped in and resolved the strike and terminated the channel.
On June 2019, Indonesian singer Denny Caknan with his song "Kartonyono Medot Janji" claimed by music labels stating that the content is purely made in the studio. On the contrary, in the interview with Anji which is also an Indonesian singer with 3.45 million subscribers on his private account, Denny stated that he is not registering his music with any labels. "The false claim has been removed, but after just one month, a copyright claim strike again on my song video." This is largely because the policy in which YouTube can easily agree that a company own the video while it is not.
In January 2020, Jukin Media has been criticized for extorting YouTubers (MxR and Potastic Panda) that they don't pay $6,000 for copyright infringement. In this case, one of the pair's reaction videos saw them watch four clips recently bought by Jukin Media, which has promptly issued them with an invoice for four cases of infringing on its copyright. Jukin Media scouts for online videos going viral and licenses them. Liang expressed concern in a video posted on January 13, 2020 that the pair were being "extorted" and could lose their channel if Jukin Media contacted Google with all four claims at once, as this could potentially break YouTube's "three strikes" rule. He added that the pair had previously paid Jukin Media when it demanded cash for copyrighted material.
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