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by kllrnohj 2098 days ago
Those are manual claims via YouTube's non-DMCA system. YouTube still has to respect DMCA claims and YouTube cannot impose requirements on DMCA notices. If it's a valid legal DMCA complaint, YouTube must comply. Google's policy is irrelevant here as it's not law.

The point of confusion here is that there's multiple ways to issue a copyright strike on YouTube. If this is via YouTube's internal mechanisms, then yeah this is bullshit. But if it's not and is instead a DMCA notice, and the evidence suggests it is a DMCA notice, then YouTube has no authority over the matter.

2 comments

DMCA notices must include:

> (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. [1]

Now a timestamp isn’t required in a DMCA notice, but a description of the copyrighted work being infringed upon (i.e. a description of what has been stolen, not just a link to the supposed stolen article) is required to make it a valid notice.

In the video, the creator shows an email and YouTube page where Google claims that they haven’t been given a description of the copyrighted work being infringed upon.

If that’s true, then the DMCA notice given to YouTube is invalid, and once again YouTube demonstrates how little it cares about creators.

[1] https://www.law.cornell.edu/uscode/text/17/512

The creator should have requested the notice be forwarded to them for further inspection. We don't have the notice, we just know the details of it were not entered into YouTube's UI.

But given the channel in question, the notice & details are really not a mystery? If you cover a song, and get a copyright strike, is it not fairly obvious what the strike is about?

> The creator should have requested the notice be forwarded to them for further inspection.

How can they request that? Also, it's Youtube's stated policy that all copyright strikes must include the details. Also also, the creator did request the details of the strikes and Youtube didn't provide any.

> If you cover a song, and get a copyright strike, is it not fairly obvious what the strike is about?

No, it's not. There are numerous instances where companies would issue blanket copyright strikes even for content those companies don't have a copyright to [1]. There are instances where there are copyright strikes for silence and for bird noises [2]. Copyright strikes are anything but obvious, even for cover songs.

[1] https://www.ccn.com/youtube-has-massive-false-copyright-clai...

[2] https://www.bbc.com/news/technology-42580523 and https://thenextweb.com/google/2012/02/27/a-copyright-claim-o...

The video explains that these are DMCA notices but the problem is how YouTube is handling them.