Time for my periodic public callout of @UMG, who claimed this video, specifically the song starting at 13:43, an extremely clear-cut example of fair use, as the discussion is the lyrics of the claimed song. There's subtitles and everything.https://youtu.be/xU1ffHa47YY?t=823 …
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See here's the thing - this video has sponsored content, meaning there should not be ads running on the thing at all. Because
@UMG has claimed the video and refused to release the claim, I am in violation with my contract with@Audible_com15 replies 129 retweets 4,042 likesShow this thread -
Technically, isn’t YouTube in violoation of that contract, since you and Audible both had good faith reasons to believe YouTube would never put ads on this video per their own policies regarding sponsored content? Might be time to get your sponsor involved...
4 replies 16 retweets 1,846 likes -
That's a good question - since the video is marked as having sponsored content in the metadata, it's not like YouTube was unaware. What's the deal
@TeamYouTube?7 replies 32 retweets 2,941 likes -
Replying to @thelindsayellis
Following up: Our Copyright team looked into this & confirmed that the claim is valid. We see that you’ve appealed the claim, which provides UMG with 30 days to review your appeal. If you would like to resolve the issue directly with them, please DM us for more info.
186 replies 9 retweets 246 likes -
Replying to @TeamYouTube @thelindsayellis
This could be a good thing to review/analyze
@HoegLaw . Just to get all of that cleared up a bit : )1 reply 0 retweets 2 likes -
Well,
#TweetsNotLegalAdvice, but (i) YouTube can't violate a contract it's not party to, and (ii) the sponsorship arrangement likely doesn't change their claim procedure. Whether or not Audible or@thelindsayellis would have contract liability would depend on the contract.1 reply 0 retweets 5 likes -
Replying to @HoegLaw @TerenceCaron and
And as we've talked about in
#VirtualLegality (including just two days ago, below), "Fair Use" is a defense, so its use presupposes a legal action. It's one of the reasons the discussion of abuse is a hot topic in the world of copyright reform.https://youtu.be/j-WgBJwZm1k1 reply 0 retweets 4 likes -
Replying to @HoegLaw @TerenceCaron and
If this is found to be fair use, can UMG be held liable for all court costs and lost revenue/damages? And if so, could this lead to a class action suit if it systematic bad claims? Or does UMG basically not have to consider fair use when making claims?
1 reply 0 retweets 1 like
You *can* get penalized for clear abuse. (And in fact some using DMCA procedures have been penalized for not considering fair use when claiming infringement). That said, it’s not tremendously common.
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