WEBVTT Kind: captions Language: en 00:00:00.130 --> 00:00:01.410 WTFU 00:00:01.410 --> 00:00:05.250 While that might look like an unfortunate texting typo, it’s actually a hashtag for 00:00:05.250 --> 00:00:07.840 a matter which has recently blown up on YouTube. 00:00:07.840 --> 00:00:10.790 This video is going to be a little different from what I normally do, but I would really 00:00:10.790 --> 00:00:14.160 appreciate it if you stuck around because this is something that affects all of us. 00:00:14.160 --> 00:00:17.579 If you haven’t seen Nostalgia Critic’s video already, please take a look. There are 00:00:17.579 --> 00:00:21.769 links to more information in the description, but if you only watch one thing please make 00:00:21.769 --> 00:00:22.529 it his video. 00:00:22.529 --> 00:00:27.460 I’m going to be talking a lot about the brony fandom and Hasbro, so prepare your pitchforks 00:00:27.460 --> 00:00:31.499 because we’re going to have ourselves a good old fashioned comment war. 00:00:31.499 --> 00:00:33.240 Just kidding, please don’t do that. 00:00:33.240 --> 00:00:37.590 I’ve had my fair share of annoyances with Content ID, same as most other YouTubers. 00:00:37.590 --> 00:00:41.610 The claims range from mild inconveniences, to massive headaches which have the potential 00:00:41.610 --> 00:00:45.780 to shut down a channel, and anybody, yes even you, can be at risk. 00:00:45.780 --> 00:00:51.470 If a beloved public video is heaven, and a removed one is hell, then a Content ID claim 00:00:51.470 --> 00:00:56.490 is like limbo. In many cases it’s still perfectly viewable, however the video becomes 00:00:56.490 --> 00:01:01.010 the property of someone other than the uploader, along with any ad money it might earn. There’s 00:01:01.010 --> 00:01:05.069 no waiting period, and no way to fairly share the revenue. You’re hit with a claim and 00:01:05.069 --> 00:01:09.530 instantly that video no longer belongs to you, and you lose access to a number of features. 00:01:09.530 --> 00:01:14.600 Whether you’re making videos to earn money or just for fun, it can be a major de-motivator 00:01:14.600 --> 00:01:21.840 to know your video isn’t yours anymore. YouTube's copyright system is broken and open to abuse from companies and individuals alike. 00:01:21.840 --> 00:01:26.249 The problems with Content ID and the nature of Fair Use is already discussed to death 00:01:26.249 --> 00:01:30.659 elsewhere. There’s nothing I can say that would be new or different. So, how about a 00:01:30.659 --> 00:01:34.020 story? Gather ‘round kids, it’s story time with LittleshyFiM. 00:01:34.020 --> 00:01:39.939 A couple years ago, in the magical land of YouTube, two PMVs of mine were claimed. The 00:01:39.939 --> 00:01:44.359 claims were clearly unfair, since the PMVs in question were highly original and used 00:01:44.359 --> 00:01:48.439 little to no footage from the show. The only real legal issue I could possibly have would 00:01:48.439 --> 00:01:51.990 be a trademark related matter, but as far as copyright is concerned the claims were 00:01:51.990 --> 00:01:55.279 clearly issued in error. Or so I thought. 00:01:55.279 --> 00:01:59.899 After spending some time filling out dispute forms, I was horrified to discover: Hasbro 00:01:59.899 --> 00:02:04.399 filed a takedown on the two PMVs in question. This resulted in a copyright strike being 00:02:04.399 --> 00:02:09.479 placed on my channel, which has severe consequences and can even lead to deletion and being banned 00:02:09.479 --> 00:02:10.440 from Youtube. 00:02:10.440 --> 00:02:15.290 Assuming this was all a terrible misunderstanding, and fearing for my channel’s safety, I emailed 00:02:15.290 --> 00:02:17.500 Hasbro’s content management department directly. 00:02:17.500 --> 00:02:21.590 Here’s the never-before-seen response. Let’s dissect it, shall we? 00:02:21.590 --> 00:02:26.090 “YouTube discourages its users from uploading any content that doesn't belong entirely to 00:02:26.090 --> 00:02:26.580 them.” 00:02:26.580 --> 00:02:31.470 Well, that’s not true, YouTube is fully aware of Fair Use and has a bunch of documentation 00:02:31.470 --> 00:02:36.260 on it. YouTube thrives on gaming channels and reviews which use third-party content. 00:02:36.260 --> 00:02:40.810 The message then goes on to claim that they have only three options. Steal the ad revenue, 00:02:40.810 --> 00:02:42.550 block the video, or take it down. 00:02:42.550 --> 00:02:46.600 They’re forgetting the fourth option though: Do nothing. The intern who wrote this email 00:02:46.600 --> 00:02:49.910 probably got paid more in coffee than those videos could have earned. 00:02:49.910 --> 00:02:53.940 “Hasbro Studios appreciates your enthusiasm for this series.” 00:02:53.940 --> 00:02:57.010 Would you look at that, they do have a sense of humor after all. 00:02:57.010 --> 00:03:01.280 “When you appealed the dispute ruling, YouTube only left Hasbro with one option so that they 00:03:01.280 --> 00:03:05.300 may protect their content - to issue a takedown on your videos.” 00:03:05.300 --> 00:03:10.920 Yes, surely that was their only option. They’re forgetting the entire third stage of the copyright 00:03:10.920 --> 00:03:15.150 process on YouTube, but they are clearly hoping I just don’t know how that works. More on 00:03:15.150 --> 00:03:16.060 that in a moment. 00:03:16.060 --> 00:03:20.460 “We do have the capability to submit a copyright strike retraction request to YouTube on your 00:03:20.460 --> 00:03:24.400 behalf, which will remove the strike placed on your channel and will restore your account 00:03:24.400 --> 00:03:28.950 to good standing. In order for us to do this, you must first delete the two videos from 00:03:28.950 --> 00:03:29.940 your channel.” 00:03:29.940 --> 00:03:34.370 Okay, this is where it gets interesting. Remember that third stage I mentioned earlier? That’s 00:03:34.370 --> 00:03:39.720 the counter-notification process. This is something which is far above YouTube or Hasbro’s 00:03:39.720 --> 00:03:44.570 jurisdiction and involves the DMCA laws directly. I have the option to file a legal form which 00:03:44.570 --> 00:03:48.170 requires a claimant to either leave the video alone, or sue me. 00:03:48.170 --> 00:03:54.290 The real kicker? You can’t file a counter-notification on a video which is deleted, and that is exactly 00:03:54.290 --> 00:03:58.970 what Hasbro wants me to do. Hasbro, and plenty of other companies, are extorting YouTubers 00:03:58.970 --> 00:04:02.160 with legal jargon for their ad money in hopes that we don’t understand enough enough about 00:04:02.160 --> 00:04:03.410 the law to fight back. 00:04:03.410 --> 00:04:07.480 That email is from a couple years ago, and since then I’ve complyed to avoid trouble. 00:04:07.480 --> 00:04:12.030 They haven’t bothered my reuploaded PMVs since. As far as those two videos are concerned, 00:04:12.030 --> 00:04:16.570 it feel like I paid off the copyright mafia with my compliance acting as protection money. 00:04:16.570 --> 00:04:21.230 Hasbro still claims almost every video I upload, and they are issuing manual claims meaning 00:04:21.230 --> 00:04:25.380 someone working for them actually takes the time to browse my videos. They’re probably 00:04:25.380 --> 00:04:30.290 a subscriber who’s watching this video right now. Hey, you. You suck. 00:04:30.290 --> 00:04:34.250 I won’t go into detail about my current claim issues for a number of reasons, mainly 00:04:34.250 --> 00:04:38.030 because I was hoping this video would be a more than just a personal rant, but I will 00:04:38.030 --> 00:04:41.540 speak up about some of Hasbro’s other ridiculous claims. 00:04:41.540 --> 00:04:47.120 Remember Dusk’s Dawn? It was the fandom’s first-ever full length fan episode. It contained 00:04:47.120 --> 00:04:51.790 completely original characters, and completely original animation. Hasbro has had an invalid 00:04:51.790 --> 00:04:54.230 claim on this video for years. 00:04:54.230 --> 00:04:59.650 I bet you remember Pink Fluffy Unicorns Dancing on Rainbows. Hasbro has likely earned tens 00:04:59.650 --> 00:05:03.560 of thousands of dollars from the millions of views this video has received. That money 00:05:03.560 --> 00:05:06.070 should have gone to the individual who actually made the video. 00:05:06.070 --> 00:05:10.580 Ultimately, Hasbro isn’t really the real enemy here. I’ve received claims from fellow 00:05:10.580 --> 00:05:15.370 bronies who either didn’t realize the consequences of joining a music label, or actually think 00:05:15.370 --> 00:05:18.919 they have the right to hours-long streams because their track played in the background 00:05:18.919 --> 00:05:22.630 once. And of course there’s the claim I got on the Not Just a Toy video for content 00:05:22.630 --> 00:05:25.530 which doesn’t even exist in the video being claimed. 00:05:25.530 --> 00:05:29.910 In conclusion, I ask of you to please spread the word. I’m not even asking you to share 00:05:29.910 --> 00:05:33.600 this video, but to spread the word about the growing problems with the way YouTube handles 00:05:33.600 --> 00:05:38.200 copyright issues, and more importantly, the way companies are abusing the system. They 00:05:38.200 --> 00:05:40.600 need to be held accountable in some way. 00:05:40.600 --> 00:05:45.900 As much as I don’t care for hashtags, #WTFU is one I stand with. Thank you, and I hope 00:05:45.900 --> 00:05:46.400 to see you next time.