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by coliveira
2492 days ago
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The big problem with classical music is that the compositions are all in public domain, however most performances are not. Given the subtle differences between performances, algorithms are not smart enough to figure out the difference. In fact, even humans would have a hard time to distinguish between two performances of certain classical pieces. |
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That's fine - it's probably necessary for Google to not be constantly dragged into the courts by actual infringement slipping through with small alterations. The issue is that there is absolutely no recourse for an incorrect match. There's no option to say 'no, the algorithm is wrong' or 'the claimant has made a false claim' - the nearest option is to claim fair use, and that kicks it back to the claimant to be able to lie again if it was fraudulent, with no fear of consequences.
There needs to be some process where it can be appealed to a human. I think the best way I have seen suggested is to stake a small amount of money on it to have somebody review it - say, $15 from each party, and then you lose it if it's ruled against you, or get a refund if you win. That should easily pay for half an hour of somebody's time, so they could hire staff to do it.
If the claimant lost and still didn't agree, it could be escalated to DMCA, where there are potential penalties for fraudulent claims (even if it doesn't happen much).