YouTube To Challenge Copyright Laws By Defending Video Creators
YouTube announced today a $1 million legal cost initiative, to combat the Digital Millennium Copyright Act’s (DMCA) “Fair Use” takedown requests, but only for very specific cases relating to “Fair Use”, based on YouTube’s chosen legal criteria.
YouTube is promising specific video creators a legal fund of up to $1 million in select cases of “Fair Use”, resulting from copyright-infringement-related takedown notices. These funds will allow creators to fight a legal battle they could otherwise not afford. According to YouTube, videos in question, will remain on the site throughout the legal process.
Perhaps YouTube wants to create legal precedence of its own though these select creators? If so, that is fair game when it comes to big business. However, it’s the little guys that need protecting here.
In this day and age, everyone and their mother are creating unique videos and posting them to sites like YouTube. What they don’t understand, is that when they include popular music, they are likely violating the DMCA. Every song that you hear on the radio, Spotify, Apple Music Store or Pandora, was written and produced by other people. Those people spent a lot of time and money in the process and they deserve protection under the law.
According to the laws of the United States and similar laws around the world, you cannot randomly use songs and copyrighted intellectual property without first getting permission or without paying for its use. If you do want to use the material, make sure to call a company like Music Resources, of Hollywood, CA to do that for you. Nancie Stern is an expert in the field and can advise you as to whether you are violating copyright laws.
The problem plaguing YouTube video creators, is the fact that they don’t do that. YouTube wants to protect video creators, because video creators make money for YouTube, via advertisers. Plus, the public loves watching their viral videos.
“Fair Use rules are very specific and limited in scope. If you want to use someone’s intellectual property, then you have to get it properly cleared by a music licensing professional,” said Stern.
An example of an artist who set precedent on this rule, is Weird Al Yankovic. He fought this legal battle in court. His work is considered to be a good legal example of “Fair Use.” It’s not enough that he changes the lyrics of the songs, replays them with his own band, and is spoofing the song itself, but many different issues all at once. So, based on the fact that his spoof songs pass as “Fair Use”, he does not need permission to use an artist’s music, as long as he stays within the boundaries of what’s legally acceptable.
YouTube has an entire section on its site dedicated to copyright infringement rules, but sadly, most people either don’t read it or just don’t care. As a result, takedown requests are rampant, as many take advantage of the technology revolution. Video creation is also a greatly sought out skill, provided by individuals and freelancers globally. This art is a business for everyone involved.