THE iDOLM@STER > THE iDOLM@STER 2

Video copyright issues?

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Crisu:
I think it's always helpful to include a disclaimer of some sort.  Acknowledge that the music, characters, and content are owned by NBGI and that your video is not intended for profit or to interfere with NBGI's right to profit from their intellectual property.

I'll have to look for a more formal wording -- perhaps a template that this community as a whole can use.

It's not a full solution I think, but my impression is that it's better than nothing.  That the people who crawl videos for copyright violations would sooner delete ones with no disclaimers than ones that do.  If we can cite actual documentation about fair use, that should be even more help.

~Lyssa~:
I have part of a disclaimer I use - I can't give you the second half unless you let's play/use commentary. XD It wouldn't make sense.

"ATTENTION: All copyrighted material is owned by it's respective copyright holders."

Clear Blue:
Just got 42 letters of that sort of warning and they're all S4U, in-game vids and the Jupiter CD content...Even the fanmade vids are being copyrighted by Bandai. WTH?!

Setsuna:

--- Quote from: Clear Blue on December 18, 2011, 06:13:00 pm ---Just got 42 letters of that sort of warning and they're all S4U, in-game vids and the Jupiter CD content...Even the fanmade vids are being copyrighted by Bandai. WTH?!

--- End quote ---

Basically, anyone who understands anything about DCMA will know that it's effectively nearly impossible (at least on a medium to large scale) to keep safe harbour provisions and review every single possible infraction in the time allocated (It's 5 days from memory).  It's easier to take down first, then ask questions later.

If you fail to challenge it, they are required (by US law) to take it down by the end of the period. You can counterfile, and if the other side doesn't reply in (I think) another five days (Namely with their case), they're required to let the contested video stay as they've conceded the point. They're in their right minds permitted to just go 'Fine, we'll take you to court' so it can be risky unless you really know where you stand.

Now, in a sane world, you'd think that any mistakes by youtube would just apply to any videos where it's been let through.

No, if you lose safe harbour by failing to comply with a single case, you lose it. Period. In short? Line up the lawyers, they've declared it Youtube suing season, and youtube can't do much about it if they lose the provision.

So it's actually in their best interests to automate the process as much as possible, because one miss is enough to get them blown out of the water.

So consequently their heavy preempting. I guess they've just conducted a periodic sweep with their new detection engine.

Note however, that it usually requires a takedown (for fair use cases), unless you're asserting that the material is substantially yours and/or you have acquired reproduction rights. (It's incredibly unlikely anyone here would fall under the catergory) since a non takedown will just redirect any ad money (if there is) to the content holder.

What does this mean? If you know where you stand, then find the paperwork then file an appeal (Assuming you know what the bounds of fair use are) which then gets forwarded on from Youtube to the content holder in question.

Of course, if you're wrong, their lawyers WILL eat you alive, if they decide to contest your counterclaim, because it will be played out in court.

Crisu:
I don't think many of us really want to get into such a deep struggle...

We're just fans with very little money or influence.  Even if the companies may be unfairly using scare tactics to get us to remove our videos, we don't really have the capacity to fight it back.  It's too risky, because of the worst-case consequences you quoted.

I like what ~Lyssa~ is putting on her videos.  It's better than nothing, and it's easy enough for us fans to do without taking too much time out of our day.  Maybe I'm too passive, but I'd rather give up iM@S videos than have to deal with harrassing letters and threats of fines or jailtime.  Unfortunately I'm not paid a full-time salary to be a jerk to people and engage in legality fights day in and out.

Byuusan is looking for a simple solution we can all use.  I think it should be some sort of paragraph similar to what ~Lyssa~ has put together that we can copy-paste into the descriptions of all our iM@S videos.  It would explain that we don't own rights and have no intention to infringe upon them.  Maybe we'll also provide links to retail locations where you can buy the game.

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