WTFU
While that might look like an unfortunate texting typo, it’s actually a hashtag for
a matter which has recently blown up on YouTube.
This video is going to be a little different from what I normally do, but I would really
appreciate it if you stuck around because this is something that affects all of us.
If you haven’t seen Nostalgia Critic’s video already, please take a look. There are
links to more information in the description, but if you only watch one thing please make
it his video.
I’m going to be talking a lot about the brony fandom and Hasbro, so prepare your pitchforks
because we’re going to have ourselves a good old fashioned comment war.
Just kidding, please don’t do that.
I’ve had my fair share of annoyances with Content ID, same as most other YouTubers.
The claims range from mild inconveniences, to massive headaches which have the potential
to shut down a channel, and anybody, yes even you, can be at risk.
If a beloved public video is heaven, and a removed one is hell, then a Content ID claim
is like limbo. In many cases it’s still perfectly viewable, however the video becomes
the property of someone other than the uploader, along with any ad money it might earn. There’s
no waiting period, and no way to fairly share the revenue. You’re hit with a claim and
instantly that video no longer belongs to you, and you lose access to a number of features.
Whether you’re making videos to earn money or just for fun, it can be a major de-motivator
to know your video isn’t yours anymore. YouTube's copyright system is broken and open to abuse from companies and individuals alike.
The problems with Content ID and the nature of Fair Use is already discussed to death
elsewhere. There’s nothing I can say that would be new or different. So, how about a
story? Gather ‘round kids, it’s story time with LittleshyFiM.
A couple years ago, in the magical land of YouTube, two PMVs of mine were claimed. The
claims were clearly unfair, since the PMVs in question were highly original and used
little to no footage from the show. The only real legal issue I could possibly have would
be a trademark related matter, but as far as copyright is concerned the claims were
clearly issued in error. Or so I thought.
After spending some time filling out dispute forms, I was horrified to discover: Hasbro
filed a takedown on the two PMVs in question. This resulted in a copyright strike being
placed on my channel, which has severe consequences and can even lead to deletion and being banned
from Youtube.
Assuming this was all a terrible misunderstanding, and fearing for my channel’s safety, I emailed
Hasbro’s content management department directly.
Here’s the never-before-seen response. Let’s dissect it, shall we?
“YouTube discourages its users from uploading any content that doesn't belong entirely to
them.”
Well, that’s not true, YouTube is fully aware of Fair Use and has a bunch of documentation
on it. YouTube thrives on gaming channels and reviews which use third-party content.
The message then goes on to claim that they have only three options. Steal the ad revenue,
block the video, or take it down.
They’re forgetting the fourth option though: Do nothing. The intern who wrote this email
probably got paid more in coffee than those videos could have earned.
“Hasbro Studios appreciates your enthusiasm for this series.”
Would you look at that, they do have a sense of humor after all.
“When you appealed the dispute ruling, YouTube only left Hasbro with one option so that they
may protect their content - to issue a takedown on your videos.”
Yes, surely that was their only option. They’re forgetting the entire third stage of the copyright
process on YouTube, but they are clearly hoping I just don’t know how that works. More on
that in a moment.
“We do have the capability to submit a copyright strike retraction request to YouTube on your
behalf, which will remove the strike placed on your channel and will restore your account
to good standing. In order for us to do this, you must first delete the two videos from
your channel.”
Okay, this is where it gets interesting. Remember that third stage I mentioned earlier? That’s
the counter-notification process. This is something which is far above YouTube or Hasbro’s
jurisdiction and involves the DMCA laws directly. I have the option to file a legal form which
requires a claimant to either leave the video alone, or sue me.
The real kicker? You can’t file a counter-notification on a video which is deleted, and that is exactly
what Hasbro wants me to do. Hasbro, and plenty of other companies, are extorting YouTubers
with legal jargon for their ad money in hopes that we don’t understand enough enough about
the law to fight back.
That email is from a couple years ago, and since then I’ve complyed to avoid trouble.
They haven’t bothered my reuploaded PMVs since. As far as those two videos are concerned,
it feel like I paid off the copyright mafia with my compliance acting as protection money.
Hasbro still claims almost every video I upload, and they are issuing manual claims meaning
someone working for them actually takes the time to browse my videos. They’re probably
a subscriber who’s watching this video right now. Hey, you. You suck.
I won’t go into detail about my current claim issues for a number of reasons, mainly
because I was hoping this video would be a more than just a personal rant, but I will
speak up about some of Hasbro’s other ridiculous claims.
Remember Dusk’s Dawn? It was the fandom’s first-ever full length fan episode. It contained
completely original characters, and completely original animation. Hasbro has had an invalid
claim on this video for years.
I bet you remember Pink Fluffy Unicorns Dancing on Rainbows. Hasbro has likely earned tens
of thousands of dollars from the millions of views this video has received. That money
should have gone to the individual who actually made the video.
Ultimately, Hasbro isn’t really the real enemy here. I’ve received claims from fellow
bronies who either didn’t realize the consequences of joining a music label, or actually think
they have the right to hours-long streams because their track played in the background
once. And of course there’s the claim I got on the Not Just a Toy video for content
which doesn’t even exist in the video being claimed.
In conclusion, I ask of you to please spread the word. I’m not even asking you to share
this video, but to spread the word about the growing problems with the way YouTube handles
copyright issues, and more importantly, the way companies are abusing the system. They
need to be held accountable in some way.
As much as I don’t care for hashtags, #WTFU is one I stand with. Thank you, and I hope
to see you next time.