This, "Improving Content ID for creators
", is genuinely confusing. YouTube's Content ID system is NOT Copyright arbitration. That's supposed to be done exclusively through DMCA - where "Copyright disputes
" exist, the United States Code requires they be dealt with through the DMCA provisions of the Copyright Act, which further obligates hosts/providers disable content during dispute claims; disputed content is not supposed to be available during a dispute, least of all it being monetised
(itself an infringement of Copyright under such circumstances).
YouTube being able to do this and monetise disputed content, puts it entirely at odds with the Corporations obligations with respect to the aforementioned Copyright Act and the Safe Harbor provisions. In other words, this means YouTube doesn't appear to interpret content claims and dispute resolution as 'copyright' issues, but 'Terms of Service violations
' (uploader lied when they said the video was theirs). There is no leeway here, either something infringes another's Copyright and has to be dealt with through DMCA. Or its not, and Service Providers/Hosts are simply providing 'arbitration services' to mitigate use of DMCA(?). In either case YouTube et al need to be explicitly clear on this.
Same goes for their "Fair Use Protection Program
", which similarly conflates disputes concerning "copyright" with "content ID" and "Terms of Service Violations".
It's no wonder YouTubers and Users find YouTube's Content ID system so confusing when YT themselves constantly conflate ToS violations
. They are not the same thing dagnabbit (howling at the moooonn!)!Further Reading
- Its a Terms of Service violation, not Copyright dispute
- Google to help defend Fair Use on YouTube