1/ My latest video was just blocked worldwide on a claim by @warnermusic. The claim is on a 10-second clip of "Treasure," which I am commenting as the clip plays. This is a clear violation of fair use. I have appealed, but the video remains blocked worldwide until WMG respond.
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2/ Every single one of my last 10 videos has gotten a claim, even though they are all fair use. One such claim was on a public domain recording. Now two of them have been blocked worldwide. This system is completely broken and
@YouTube refuses to do anything to fix it.2 replies 5 retweets 47 likesShow this thread -
3/ In this situation I basically have several non-options of discourse. I can appeal, wait 30 days until the people making the claim (NOT AN INDEPENDENT PARTY) decide to respond. If they don't agree with my appeal , then the video will remain removed unless I take them to court
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4/ I could delete the video, edit the clip out and re-upload. This is not ideal on a number of fronts - it means the video loses all the momentum and comments that it had already, and I'll have a jarring gap in my video.
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6/ This is a daily part of my job. I am constantly disputing claims from
@Sonymusic, @warnermusicgroup and@umg. All of these claims are on short clips of music or videos that are being commented on - clearly within the bounds of Fair Use, Fair Dealing and the like.1 reply 1 retweet 21 likesShow this thread -
7/ This also means that most of the ad revenue from my videos is going to these companies that are making claims on FAIR USE material through
@YouTube's broken system. This is why Nebula and Patreon are important to me.1 reply 1 retweet 17 likesShow this thread -
8/ I have considered (several times) not using music clips in my videos, but I think they take away from it. I think these clips are essential to the art that I want to make and the things that I want to say, and that's what Fair Use law is supposed to exist for.
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Replying to @WatchPolyphonic
There's no specific duration where a copyrighted content can be used by anyone that's automatically protected under Fair Use. In fact, courts have rejected Fair Use arguments for songs that only sample a few seconds of content. More info here: https://yt.be/help/claims-FAQ
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Actually, that video does fall under one of the 5 exemptions that typically covers fair use: criticism. Don’t pretend court decisions finding otherwise equals a precedent. We all know that this is a grey area, and a single decision could settle it one way or the other. 1/2
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What typically happens in instances like this, as you guys well know, is it the person with more money threatens to sue the person with less money, who caves. Or, the person with more money decides not to defend themselves because they might lose. 2/2
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