Droste is a Hong Kong-based Data Science Consultancy
THE PLATFORM PLAY
Intellectual Property Enforcement
in Online Communities
by Mart van de Ven
I advocate for
SHARING IS CARING
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 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
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
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
the fact that this behaviour is considered normal
No amount of lawsuits of legal threats will change
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.
Community Guideline Strikes
Copyright Strikes/DMCA Takedown Notices
- 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
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.
🎆 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
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....
by Mart van de Ven
Intellectual Property Enforcement in Online Communities (Nov '18)