WQYU – Blog

Long before YouTube created and implemented the content ID system that would automatically scan for content that it thinks it matches copyrighted material being uploaded to YouTube, a person would have to do the old-fashioned way and it works very well and that is to send out a DMCA which stands for Digital Millennium Copyright Act. (What’s the this?)

Filing a DMCA a person who receives it usually has to have a reasonable amount of time to take appropriate action and that could be simply deleting the video or disabled public access until the matter has been resolved.

These DMCA notices would not allow a person to hide behind their abbreviation i.e. ABC witch most people would think it is American Broadcasting Company, when it could be Alabama Broadcasting Corporation who sent the DMCA and also the DMCA would not allow someone to be anonymous, they would be required to provide their contact information.

The DMCA requires that the person who sent the DMCA to provide their personal information, a direct link of where the content in question is uploaded in addition they have to show some type of proof that they are the owners or they are authorized to act on behalf of the copyright owner.

In other words there was some type of accountability to where if someone filed a false DMCA, they could be liable for damages.

We all can imagine there is a tremendous amount of content being uploaded to YouTube every second 24 hours a day, 7 days a week so when YouTube decided to create and implement the Content ID system it sounds wonderful and if it is executed to where it’s fair for both parties it would truly make YouTube a wonderful place for copyright owners and also for users who are also copyright owners.

As we all know no system is always one hundred percent perfect and I think the content ID system as it is now has some major flaws that makes it extremely unfair, one sides, and give all the power to one side, while the person who is being accused is not being treated fairly and has zero power even if the person who is making the claim is 100% wrong, the person who makes the claim still gets the final decision.

Unfortunately sometimes the content ID system does make an error and when I submit a dispute, some of the companies are on top of things who deal with the matter within 24 or 48 hours while others do nothing until it is about to expire before approving or rejecting and some just let it expire.

If you submit the counter notice and that is rejected, if you submit an appeal you have to provide your personal information however the company for example ABC doesn’t have to provide anything so if you wanted to take legal action against ABC, so which ABC would you take legal action against? Remember ABC, which ABC are we talking about American Broadcasting Company or are we talking about Alabama Broadcasting Corporation?

So how could the content ID system be improved to make it fair for both parties?

Should not be able to hide behind their abbreviation so no more anonymity – The person who’s making the claim must provide their personal information such as their full, telephone number, mailing address, website, and email address. They also should agree that they state that they agree that if they file a false copyright claim and that they do not release it within 48 hours they automatically wave an arbitrary court in which that they can be sued for damages.

How long can this restriction being posed to where I’m not able to live stream on YouTube?

There’s no cut-and-dry answer for this particular question, the timings could vary if you choose to do nothing then you will be serving out your 90 days however if you choose to take action it could be resolved within matter of minutes or take hours or even days in weeks to expire.

Here is my brake down:

• Take no action, will last for 90 days
• If you submit a counter notice and no response by the 30^th day, than I would assume the restriction would also expire.
• If you submit a counter notice and the person who makes the claim agrees with your reason then I would assume it would expire immediately.
• If you submit a counter notice and the person who makes a claim doesn’t agree with your reasoning I would assume that what restriction would last for 90 days and the copyright claim would still be valid.
• If you choose to appeal that decision that’s where things could get permanent and backfire on you. I would strongly recommend that if they denied your appeal the first time doing it the second time could definitely backfire on you.

Sources:

The background image is seen when you have been banned from YouTube when you try to start a live stream, it reads “Due to Community Guidelines strikes or copyright issues, you can’t live stream at this time. Learn more“. You can read more about this ban at https://support.google.com/youtube/answer/2853834