WEBVTT Kind: captions Language: en 00:00:00.120 --> 00:00:04.360 In this video, we’re going to address a very popular and fun topic. 00:00:04.360 --> 00:00:07.600 Copyright on YouTube! 00:00:07.610 --> 00:00:11.990 This video can apply to non-bronies, but we’ll be specifically discussing Hasbro’s role 00:00:11.990 --> 00:00:13.140 for the moment. 00:00:13.140 --> 00:00:15.380 First of all, some very important disclaimers. 00:00:15.420 --> 00:00:17.099 I am not a lawyer. 00:00:17.099 --> 00:00:18.830 Any action you take is at your own risk. 00:00:18.830 --> 00:00:20.189 If in doubt, get a lawyer. 00:00:20.189 --> 00:00:22.800 Don’t just listen to some random guy on the internet. 00:00:22.800 --> 00:00:27.869 Okay, so, you uploaded a pony video and it either got claimed or blocked by Hasbro. 00:00:27.869 --> 00:00:29.279 What do you do now? 00:00:29.279 --> 00:00:33.860 Step one: Determine if your video uses copyrighted content in a manner which is Fair Use. 00:00:33.860 --> 00:00:36.710 You should have done this long before uploading. 00:00:36.710 --> 00:00:40.260 This is something you need to research on your own in order to make an informed decision, 00:00:40.260 --> 00:00:43.960 but typically a fair use of copyrighted content is one that can’t serve as a replacement 00:00:43.960 --> 00:00:48.370 for the original work, isn’t automatically claimed due to its length, and is either a 00:00:48.370 --> 00:00:50.120 criticism, commentary, or parody. 00:00:50.120 --> 00:00:55.070 Did you upload a 20 minute long reaction video with your webcam in the corner of an episode? 00:00:55.070 --> 00:00:57.740 This is probably NOT a Fair Use. 00:00:57.740 --> 00:01:01.610 Is that reaction video heavily edited with cutaways, and only uses enough footage to 00:01:01.610 --> 00:01:02.829 make a point? 00:01:02.829 --> 00:01:05.499 This probably IS a Fair Use. 00:01:05.499 --> 00:01:09.390 Uploading footage without criticism or commentary is a perfectly acceptable situation where 00:01:09.390 --> 00:01:11.500 your video might get claimed by Hasbro. 00:01:11.500 --> 00:01:14.909 All this means is that ads will be put on the video for their profit. 00:01:14.909 --> 00:01:18.409 Usually they prefer to do this instead of blocking videos because it earns them money. 00:01:18.409 --> 00:01:22.409 It’s a win-win situation, and you should not be upset about a harmless claim on content 00:01:22.409 --> 00:01:24.560 which belongs to them in the first place. 00:01:24.560 --> 00:01:28.840 However, today we’re talking about claims and blocks on videos which should be considered 00:01:28.840 --> 00:01:33.420 Fair Use, like reviews, PMVs, analysis, parodies, and alike. 00:01:33.420 --> 00:01:37.860 Okay, let’s say you did your research and determined your video is a fair use of copyrighted 00:01:37.860 --> 00:01:40.479 content and shouldn’t be claimed or blocked. 00:01:40.479 --> 00:01:41.479 What now? 00:01:41.480 --> 00:01:43.660 Step two: Dispute. 00:01:43.660 --> 00:01:47.060 Disputing is very easy, and there’s virtually no risk involved. 00:01:47.060 --> 00:01:51.560 The only problem with the dispute process is that most claimants, including Hasbro, 00:01:51.560 --> 00:01:53.399 have no reason to accept your dispute. 00:01:53.399 --> 00:01:56.359 That’s right, the decision is made by the claimant. 00:01:56.360 --> 00:01:57.320 Not YouTube. 00:01:57.320 --> 00:02:01.680 Do not be surprised when it is rejected, and do not assume you are in the wrong just because of it. 00:02:01.680 --> 00:02:06.380 I’ve seen disputes rejected when the content in question didn’t even exist in the video, 00:02:06.389 --> 00:02:10.090 so this entire step is pretty redundant thanks to Content ID abusers. 00:02:10.090 --> 00:02:12.330 Step three: Appeal. 00:02:12.330 --> 00:02:15.380 Once your dispute is rejected, you have the option to appeal. 00:02:15.380 --> 00:02:20.220 Things get a little more serious here because you are required to provide your full contact information. 00:02:20.700 --> 00:02:24.450 If you fail to provide accurate information, YouTube may shut down your case before it 00:02:24.450 --> 00:02:26.140 ever even reaches Hasbro. 00:02:26.140 --> 00:02:29.840 Once you fill out your contact info, YouTube will ask for some more information as to why 00:02:29.860 --> 00:02:32.520 you believe your video falls under Fair Use. 00:02:32.520 --> 00:02:36.900 I can’t tell you exactly what to write here, because if you don’t already have some idea, 00:02:36.910 --> 00:02:40.310 then you probably don’t have a good enough understanding of Fair Use and need to do some 00:02:40.310 --> 00:02:41.310 more research. 00:02:41.310 --> 00:02:43.070 Here’s a quick overview though. 00:02:43.070 --> 00:02:47.580 Again, I am not a lawyer, and you should probably take this information with a grain of salt. 00:02:47.580 --> 00:02:52.000 The purpose and character of use refers to what type of video you’ve made in the first place. 00:02:52.000 --> 00:02:54.280 How is it different from the copyrighted work? 00:02:54.290 --> 00:02:56.180 Are you a company or an individual? 00:02:56.180 --> 00:02:58.650 Is your video transformative or derivative? 00:02:58.650 --> 00:03:01.980 If you’re not monetizing, that will help your case although it’s not necessarily 00:03:01.980 --> 00:03:03.430 a requirement. 00:03:03.430 --> 00:03:06.150 The nature of the copyrighted work should be an easy one. 00:03:06.150 --> 00:03:09.820 My Little Pony is a widely-available show and like any other piece of popular media 00:03:09.820 --> 00:03:11.910 it’s commonly reviewed and parodied. 00:03:11.910 --> 00:03:14.650 The amount and substantiality of the portion used. 00:03:14.650 --> 00:03:17.850 Did you use as little of the copyrighted work as possible? 00:03:17.850 --> 00:03:20.710 Was it altered enough to be considered new and different? 00:03:20.710 --> 00:03:25.240 The effect of the use upon the potential market for, or value of, the original work. 00:03:25.240 --> 00:03:27.400 This one’s also deceptively simple. 00:03:27.400 --> 00:03:30.720 Is anyone going to watch your video instead of buying a copy of the original? 00:03:30.720 --> 00:03:34.650 Can Hasbro be harmed in any way due to your use of the copyrighted work? 00:03:34.650 --> 00:03:38.090 Will your video do anything other than provide free promotion for the show? 00:03:38.090 --> 00:03:41.180 All of that might have been a lot to take in, but if you do your research you’ll find 00:03:41.180 --> 00:03:45.070 that each of these text fields really only need a couple lines of explanation. 00:03:45.070 --> 00:03:49.120 There isn’t much need to go too in detail on this form but it is very important to convey 00:03:49.120 --> 00:03:53.040 to YouTube and Hasbro that you know what Fair Use is. 00:03:53.040 --> 00:03:57.540 Step four: after your appeal is sent in, Hasbro will have 30 days to respond. 00:03:57.540 --> 00:04:01.900 In my personal experience relating to this, they have always ignored my appeal and let 00:04:01.900 --> 00:04:03.000 it expire. 00:04:03.000 --> 00:04:08.590 This should be the end of your battle, and your video should be fully restored. 00:04:08.590 --> 00:04:10.700 HOWEVER, And this is quite important: 00:04:10.700 --> 00:04:15.420 There is a chance that the claimant, Hasbro here, will issue a formal takedown notice. 00:04:15.420 --> 00:04:19.030 Receiving a DMCA takedown notice is a rather serious affair. 00:04:19.030 --> 00:04:23.350 If this unlikely event occurs, and you’re sure you’re in the right, then you do have 00:04:23.350 --> 00:04:24.740 one more option. 00:04:24.740 --> 00:04:27.740 Step five: file a counter-notification. 00:04:27.740 --> 00:04:31.580 Either they leave you alone, your video is restored, your strike is removed, and all 00:04:31.590 --> 00:04:33.150 is well again. 00:04:33.150 --> 00:04:34.280 OR… 00:04:34.280 --> 00:04:38.150 You get sued, and have to go to court where you’ll likely end up spending hundreds of 00:04:38.150 --> 00:04:40.000 thousands of dollars in legal fees. 00:04:40.000 --> 00:04:44.520 It’s the ultimate ultimatum, and to many it’s not worth the risk. 00:04:44.520 --> 00:04:49.330 However, and I could be wrong, but I do not believe this has ever happened to a brony. 00:04:49.330 --> 00:04:52.730 This is such a rare occurrence that even when it does happens to people involving the use 00:04:52.730 --> 00:04:55.830 of music from a large label it usually makes the news. 00:04:55.830 --> 00:05:00.240 Sure, Hasbro sends out Cease and Desist letters all the time, but if you’re doing something 00:05:00.240 --> 00:05:04.000 deserving of that they’re not going to bother claiming your video first. 00:05:04.000 --> 00:05:07.400 So in closing, stand up for yourself! 00:05:07.400 --> 00:05:09.600 Content ID abuse is rampant on YouTube. 00:05:09.600 --> 00:05:13.820 If you do your research, and are sure you’re in the right, you should not hesitate to dispute, 00:05:13.820 --> 00:05:17.040 appeal, and maybe even counter-notify to defend your videos. 00:05:17.040 --> 00:05:22.010 Thankfully, even with all the complaints lodged against YouTube, we really do have the high 00:05:22.010 --> 00:05:23.760 ground in most situations. 00:05:23.760 --> 00:05:28.700 The dispute process does work, it’s just that most people are too intimidated to use it. 00:05:28.700 --> 00:05:32.920 One look at the appeal form and most people would be scared away; I know I used to be. 00:05:32.930 --> 00:05:36.980 Everything from the redundant dispute step, to the needless red tape form-filling is designed 00:05:36.980 --> 00:05:40.430 to make this as inconvenient and scary as possible for you. 00:05:40.430 --> 00:05:44.490 There exist entire companies which do nothing but take advantage of this system. 00:05:44.490 --> 00:05:48.340 As much trouble as Hasbro is to the brony fandom on YouTube, they’re not even close 00:05:48.340 --> 00:05:50.320 to being the worst offenders. 00:05:50.320 --> 00:05:54.680 And that is why I hope this video will inspire some of you to take a stand and fight. 00:05:54.680 --> 00:05:59.460 Not just for your videos, not just the brony fandom, but for all of YouTube. 00:05:59.460 --> 00:06:02.060 Check out my “Where’s The Fair Use” video if you’d like to hear more about this 00:06:02.060 --> 00:06:03.220 growing problem. 00:06:03.220 --> 00:06:07.820 I hope to see you next time, and stay tuned for your regularly scheduled pony videos!