do they own the content if it falls under fair use?
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Replying to @AwfaFalafa @jess689_ and
We don't know if it falls under fair use until a court decides it. Obviously we can see how the court would most likely rule here, but we don't have to, because it seems UMG will sue the content creator or drop it. Thus proving if it was fair use or not.
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Replying to @Bucket_Of_Crabs @jess689_ and
sorry? a court? but in your own link, wordpress states that THEY determine what counts as fair use before allowing claims to go through. why isn’t youtube able to do this?pic.twitter.com/WRBPMOEPL8
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Replying to @AwfaFalafa @jess689_ and
Oh, im sorry if I misled you. Youtube can in fact do whatever they like they will just be liable for any damages in the case they lose.
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Replying to @Bucket_Of_Crabs @jess689_ and
back to my original question, then. is youtube being forced to follow a law as written, or are they simply failing to do their due diligence? i think you just answered it for me though. that’s the whole point of the criticism they’re receiving, isn’t it?
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Replying to @AwfaFalafa @jess689_ and
I don't study law but : "To fall within the protection of the DMCA, an internet service provider must, among other things, take certain steps when it receives notice that infringing material resides on its network" https://dmca.harvard.edu/pages/overview Seems to imply they do [cont.]
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Replying to @Bucket_Of_Crabs @jess689_ and
one of the steps is determining whether the content being claimed falls under fair use. i honestly can’t tell if you’re fucking with me at this point, man, that is incredibly easy to find out even for us non-lawyers.
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Replying to @AwfaFalafa @jess689_ and
But if a Youtube says it falls under fair use then Youtube is suddenly the arbiter of truth of the companies claim, and guess what happens? Youtube gets sued, for either not complying with DMCA or for Copyright Infringement.
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Replying to @Bucket_Of_Crabs @jess689_ and
what you’re doing here is explaining something that nobody really needs explained - that corporations are thin-skinned, and lack any ethics outside of business ethics. what people are angry about is how much they’re failing to protect their own content creators. it’s pathetic.
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Replying to @AwfaFalafa @jess689_ and
But if protecting their own content creators no longer allows them the safe harbour of DMCA and they they either go bankrupt or see no point in allowing any questionable content on their platform then content creators aren't protected anyway.
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youtube does not properly screen their content and lies about it. i have a hard time believing they’d lose in court against false fair-use claims. fair-use-dependent industries make up a significant portion of our economy, to suggest the courts wouldn’t be lenient is ridiculous.
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