THE PLATFORM PLAY

Intellectual Property Enforcement

in Online Communities

by Mart van de Ven

Legal Credentials

Comprehensive

Battle Tested

1.

2.

3.

OPEN CULTURE

I advocate for

SHARING IS CARING

I believe

CITIZEN of the INTERNET

I am a

THE INTERNET BE LIKE

How does the Internet feel about Copyright?

... how does copyright feel about the Internet?

Plaintiffs gonna plaint

"Haters gone hate, playas gone play. Watch

out for them fakers, they'll fake you everyday.

'Cause the players gonna play, play, play, play, play/ And the haters gonna hate, hate, hate, hate, hate,' and 'And the fakers gonna fake, fake, fake, fake, fake.' 

The Grab

The filings prohibit the use of those phrases, which all come from her 2014 album 1989, from appearing without a license on everything from guitar straps and other accessories to removable tattoos.

typewriters, walking sticks, non-medicated toiletries, Christmas stockings, pot holders, lanyards, aprons, napkin holders and the particularly ominous collection of "whips, harness

and saddlery."

Some of the more obscure items covered by her trademarks include

On 26 Oct 2012, a YouTube user named crimewriter95

posted a full-length version of Pulp Fiction,

rearranged in chronological order.

" The Legendary movie itself placed in chronological order

Please no copyright infringement.

I only put this up as a project

there are about

2,480,000

disclaimers like this

The most common disclaimer "No Copyright Intended"

which, despite its ambiguous meaning, is as effective as

going 180 Km/H with a sign that says "no speeding intended"

Unfortunately, claiming fair use doesn't mean that the work

qualified as fair use. Only a court can determine that

but it may set a sympathetic tone for you ... as the defendant in a lawsuit

Under current copyright law nearly every cover song on YT is technically illegal. Every

Quite probably illegal, though largely untested in court.

fan-made music video

mashup album

supercut

fanfic story?

the fact that this behaviour is considered normal

No amount of lawsuits of legal threats will change

WHAT'S THE

MENTAL MODEL

OF COPYRIGHT?

is it primarily a claim of authorship?

is there a generational divide in copyright morality?

Well, if you want to monetize your videos, have access to all the features available to other users, set up a paid channel, avoid suspension or a ban and possible legal action by a third party, it matters a lot that you play by the rules as far as publishing content on YouTube goes.

$

£

$

£

 YouTube penalties

  • Community Guideline Strikes​
     
  • Copyright Strikes/DMCA Takedown Notices
     

  • ContentID Matches
     

  • "Contractual Obligations"

  1. The claimant submits a 'copyright removal form' that needs to include details of the video in question, and why they feel it is subject to copyright.

2. YouTube will then remove that video content until the uploader decides to file a counter claim.

Mute audio that matches their music

Block a whole video from being viewed

Monetize the video by running ads against it

Track the video’s viewership statistics

👁️

🤖

🤖

👁️

👁️

🤖

🤖

👁️

First Strike The first strike on your account is considered a warning​​

Three Strikes If you receive three copyright strikes against your account it will be suspended and all videos removed. Users with suspended YouTube accounts will not be able to create a new one

Y'eeerrr out out out!

It is programmed to recognize when material is being used, but not if that material is being used legally or illegally

?

!

!

?

?

!

!

?

ContentIDpocalypse

1. Purpose and Character (Is it transformative?)

2. Nature of the Copied Work (Fact or Fiction?)

3. Amount & Substantiality (How much did you use?)

4. Effect on Market Value (Does your use affect the maker’s profit?)

Uses that qualify for exemption (in the US) include education, criticism, commentary, parody, news reporting, scholarship, and research.

fair

use

use

fair

fair

use

use

fair

3....2.....1....

🎆 ContentID Match 🎆

Innocent until proven guilty?

A Let’s Play thread, or LP, is a thread in which a person or group plays through a video game and chronicles their progress by posting videos, screenshots with accompanying text, or a mixture of both

'Let's Plays' are making some YouTubers a ridiculous amount of money, but since there's never been anything like it in the past, no one knows exactly how to deal with it.

I think filing claims against LPers is backwards. Video games aren’t like movies or TV. Each play-through is a unique audiovisual experience.

 

When I see a film that someone else is also watching, I don’t need to see it again. When I see a game that someone else is playing, I want to play that game for myself!

 

Sure, there may be some people who watch games rather than play them, but are those people even gamers?
 

~  Zack Scott

Nintendo seems to acknowledge that providing let’s players with a financial incentive to continue playing their games and bringing them to the public eye is better than not having those games on YouTube at all.

channel, the split will be 60% user, 40% Nintendo

between the content creators and Nintendo. For the average

Now, the Creators Program will divide the ad revenue

Upload Filter

Article 13

Link Tax

Article 11

These examples hopefully provided a richer context to consider frivolous claims, censorship, and monopolies - and the dangers when all three are in play.

Copyright & Trademarks are of course still important on the internet, but it's often the social and commercial rules of a community which determine how copyright are dealt with

New schemes will be introduced to deal with copyright on the internet, but it's the narrative which will determine their success....

Thank you.

by Mart van de Ven

Intellectual Property Enforcement in Online Communities (Nov '18)

By Droste

Intellectual Property Enforcement in Online Communities (Nov '18)

The Platform Play: Intellectual Property Enforcement in Online Communities | License : CC0

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