Friday, May 14, 2021

YouTube content-id system has a catch22 when it comes to Fair Use claims which keeps videos from being fairly monetized in time


Fort Lauderdale, 2017

Leonard French has a video today about how ContentID claims on YouTube result in takedowns before YouTube considers possible FairUse claims, which normally require human intervention to be considered properly.

There was a 1993 short video “Groundhog Day for a Black Man”, which is one act of a time-loop video.  This suggests the possibility of a repeating time loop (about a black man and police) which Netflix a year later offered its time-loop “Two Distant Strangers”  with several takes on the situation.

Leonard French had offered portions of both in a video about a dispute between the two companies, but got a content claim through YouTube from Netflix, which was eventually dismissed by Netflix but not in time for French to use the video in a timely manner.  He notes that in the Ninth Circuit, where Netflix is located, Netflix is required to consider Fair Use before submitting a content-id (or DMCA) takedown claim.

The original 1993 film (posted to YT in 2016)  is reviewed today on the Movie Reviews blog (other discussion on Netflix film).

The problem would be even worse in the EU under the Copyright Directive Article 17 which would practically necessitate Content-id type filters.

Now, whenever I post a video myself to YT, the last stop in processing is a copyright review, which for my clips never takes more than a few seconds (as long as I have no music or excerpted video)/

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