A Fortnite season 6 trailer was briefly taken down earlier this week, after receiving a strike from YouTube for copyright infringement. That alone would be strange enough, since trailers and promotional videos typically secure the rights to any third-party media ahead of time. But the real kicker here is who issued the claim: according to a screengrab posted to Reddit, it was none other than Fortnite’s own developer, Epic Games.
YouTube’s Content ID system aims to protect copyright holders but in some cases works against the public interest. After German music professor Dr. Ulrich Kaiser had one of his educational videos flagged, he ran a test which shows that public domain performances of Beethoven, Wagner, and other long deceased composers, are not safe from YouTube’s upload filters.
In what appears to be a retaliatory move against DMCA notice archive Lumen Database, anti-piracy outfit Remove Your Media has launched a transparency report of its own. The report lists people who have sent the company DMCA counter-notices but it goes much further than Lumen by publishing their names, addresses, and telephone numbers.
When HVBA’s webmaster emailed Sony Music to explain that the use of music clips in the lecture videos was fair use, Sony’s representative responded that the label had “a new company policy that uses such as yours be subject to a minimum $500 license fee,” and that “if you are going to upload more videos we are going to have to follow our protocol.” Sony’s representative didn’t say that she believed the video was not a fair use. Instead, she implied that even a fair use would require payment, and that Sony would keep using YouTube’s Content ID system against HVBA until they paid up.
Fair use is an extremely important facet of copyright law and it needs to be defended when it’s wrongly targeted under the DMCA. So, let’s get down to business. Those who attempt to stifle it should get punished. And, to balance things up, those who blatantly claim fair use when it’s clearly not warranted should get punished too.
This week’s episode of Family Guy included a clip from 1980s Nintendo video game Double Dribble showing a glitch to get a free 3-point goal. Fox obtained the clip from YouTube where it had been sitting since it was first uploaded in 2009. Shortly after, Fox told YouTube the game footage infringed its copyrights. YouTube took it down.
“Psycho dentist” video remains up, and the attempt to remove it was costly.