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by coreyp_1 2412 days ago
I'm going through a related situation right now, but I'm the one who is the recipient of the negative action.

I posted a video of me playing the piano on YouTube. I got a copyright notification, that I was playing the melody to a song that someone else held the copyright for.

What's the problem? Well, the melody was published in 1886 (133 years ago) under the exact name identified in the copyright claim. The composer died in 1901 (118 years ago). It is not under copyright protection in any jurisdiction! Now, I'm having to appeal the copyright claim... not to YouTube, but to ASCAP (the company who is claiming the copyright in the first place)!!!! In fact, because it was MY arrangement and MY performance and MY production, I own the copyright to that video in every way legally recognized! In my mind, this is THEFT... from ME!

My point is, if YouTube had not at least told me what I'm being accused of, there is no way that I would have figured this out! I haven't done anything wrong! Someone else (ASCAP, ICE_CS) is fraudulently claiming copyright!

Under your system, I would have to "invent" things to confess to.

Of course, now the problem is that I have no power in this situation. ASCAP must agree that they don't want to monitize my video, and they have no incentive to do that. I have no protection or recourse. :(

And, for anyone who's interested, this still isn't resolved.

3 comments

>I have no ... recourse.

In theory, you could sue ASCAP for damages and/or injunctive relief. Perhaps for libel, for grossly negligently communicating a false and disparaging claim about you to YouTube. Perhaps for tortious interference with business relations. But unfortunately, winning such a lawsuit likely requires an expensive lawyer, and sometimes you can only get as much justice as you can afford to buy.

Exactly why I described it as having no recourse. :/
I argue this is different for a //simple// "human readable" ToS.

In the lack of any clear infringement you can go through the terms of service and disprove every single one, and then come to a list of those that you're less clear about on a second pass and ask if you are mistaken about one of those portions and/or some other area that your conceptions are blind to.

At that level of genuine effort at the very least you've proven an attempt to understand (and maybe that the ToS got a little over-simplified in one or more areas, or that moderation was wrong).

Similarity detection software are unable to distinguish copyright infringement, plagiarism and accidental rediscovery.
I understand that problem, it's just that it is impossible for them to own the copyright that it matched against.