• Disney retracts copyright claim on a YouTuber’s “Steamboat Willie” video, allowing it to be monetizable and shareable worldwide.
• The claim had previously demonetized the video and restricted its visibility and embedding options.
• This move by Disney may signal its recognition of “Steamboat Willie” being in the public domain.
dual_sport_dork@lemmy.world 10 months ago
I’m having a hard time comprehending how this is a “win” when Disney had to voluntarily retract their claim with Youtube.
The short is in public domain. It is the goddamn motherfucking law. Disney does not have any say in the matter. We should not, and in fact do not, have to rely on them being “nice.”
Fuck them, in the ear, with an egg beater.
halcyoncmdr@lemmy.world 10 months ago
If I’m looking at dates correctly, Disney filed the strike AFTER it was in the public domain already. So it was a bullshit strike from the beginning, not just something that was struck before it entered the public domain and was left over.
The DMCA needs to be updated with fines for clear bullshit claims like this. As it is, there is no penalty for a company to just claim everything. I’d even be okay with platforms like Youtube receiving a portion of that fine for having to be in the middle of the bullshit copyright claims that were overturned because. Give the platforms an incentive to make the process streamlined and straight forward instead of the crap we have now.
PM_Your_Nudes_Please@lemmy.world 10 months ago
YouTube is legally obligated to take the content down as soon as they receive the DMCA notice or else YouTube will become liable for potential damages. YouTube’s automated copyright claim system is inherently broken, but that’s a symptom of DMCA, not the cause.
general_kitten@sopuli.xyz 10 months ago
From my understanding the big copyright owners basically have a stranglehold on youtube when negotiating how youtube should handle copyright stuff. The current copyright law was not designed to accommodate platforms such as youtube so if they don’t do as the copyright owners say it could result in a long court battle resulting in a decision that youtube itself is the one violating the law for being the one hosting the non-licensed content on their platform.
Not a lawyer and don’t even live in the US so i might not be the most reliable source on this though.
gian@lemmy.grys.it 10 months ago
A fine is useless if the default is that the request is granted, which platforms like YT are more or less forced to do since you can submit thousands of request at no cost. Add a security deposit (and punitive damages in case of bogus requests) for each and every request and maybe you solve the problem.
GregorGizeh@lemmy.zip 10 months ago
I completely agree, but isn’t this the issue with private platforms taking over essential functions of society? If YouTube wants to play ball with the copyright lobby that’s their business. They could ban any video for any reason whatsoever, it’s their platform.
blargerer@kbin.social 10 months ago
Youtubes copyright system isn't really the 'problem', the copyright laws are. Youtube gets yelled at by both sides at the same time and generally takes a reasonable middle man position. It's not youtubes job to arbitrate who owns what.
CosmicTurtle@lemmy.world 10 months ago
The law is only as powerful as people are willing to enforce it.
Just because it’s a “goddamn motherfucking law” doesn’t mean shit if powerful corporations are willing to spend unholy amounts of money to make you prove it in court.
The “Happy Birthday” song was believed to be in the public domain for centuries but Warner Brothers was able to convince people to just pay them a license fee in order to prevent going to court. It was only in 2016 that a court ruled that it was in the public domain.
So yeah…Disney could have been real douches about this. But they are, uncharacteristically, being nice about it.
SoleInvictus@lemmy.world 10 months ago
I think it’s indicative of Disney’s character that this worries me more than anything else.
tuhriel@discuss.tchncs.de 10 months ago
Yeah our law teacher always stressed that there is a big difference between having a right and getting your right
LufyCZ@lemmy.world 10 months ago
Disney, or anyone for that matter, can copyright claim any video. Youtube just plays ball because that’s the simplest thing to do.
It’s on them to prove, in court, that it actually is copyrightable and that they own the copyright to the content, which they’d fail to do.
The win is for the uploader and for the public, since now you can “be sure” that Disney won’t take you to court over it, which would be a costly endeavor for you. Even if Disney would almost surely lose.
ikidd@lemmy.world 10 months ago
Maybe the creator was in a SLAPP state and Disney was going to be paying for their lawyers anyway.
Socsa@sh.itjust.works 10 months ago
Disney does not want to risk being labeled as a vexatious litigant in copyright court. They need to keep an aura of good faith there because of how reliant they are on bending copyright law to their will. Operating in bad faith could get them much harsher rulings.
gamermanh@lemmy.dbzer0.com 10 months ago
Since it says Copyright Strike and not DMCA takedown we can assume quite simply that this was the automated system at YouTube doing it’s thing.
Steamboat Willie is in their system as Disney’s, but its now public domain. As this is the first time that’s happened whatever was in place (or wasn’t if it was forgotten about) to remove the Auto-Detektion failed to start ignoring Steamboat Willie and the video was struck.
Disney, being a big corporation, took a few days to get that news filtered to whoever can release that kind of thing.
This story seems like yet another example of YouTubes system being less than ideal, not one of Disney being counts (this time)
hoshikarakitaridia@sh.itjust.works 10 months ago
This makes the most sense.
When I release music through distributors, there’s always an option to enter it into contentid so YouTube can do claims on my behalf. This is all automated and I don’t assume YouTube takes the copyright lifespan into account.
If we extrapolate this to Disney’s use case, they would have had to actively locate it in their contentid entries to YouTube and then remove it that day and hope YouTube refreshes their contentid system timely enough. It’s not very difficult that someone messed up in this chain. So I would honestly give Disney the benefit of the doubt on this one.
Don’t get me wrong, they have an awful relationship with the copyright but let’s make damn sure we criticise them for the right things, otherwise they will only learn that they will get shit on either way and stop thinking about being assholes.
altima_neo@lemmy.zip 10 months ago
Because this is about YouTube and not the actual law itself.
You could take this to court 'and defend your use if it. But in this case, it’s just YouTube and it’s own systems being abused by Disney.