GregHowley.com

YouTube and the Copyright Monopoly

July 24, 2013 - -

I hate the word “infringement”. All too often, its use indicates that someone has made use of media that is "owned" by a giant corporation. It's not even the songwriters, authors, and other creators who benefit - it's the megacorporations who have the funds to pay lawyers to send DMCA takedowns en masse.

Why might I be bringing this up now, you ask? Because my daughter recently participated in a performance as part of a summer daycamp she's attending, and I took a video. She and a group of about 20 kids are singing and dancing to an old Michael Jackson song. I took that video and uploaded it to YouTube to share with family. I set the video as unlisted, so that only the 4-5 people I was planning on forwarding the link to would be able to see it. Then I received the following email.

Your video "Lia performing "Beat It"", may have content that is owned or licensed by PEDL, Warner Chappell and Sony ATV Publishing, but it’s still available on YouTube! In some cases, it may be blocked, or ads may appear next to it. This claim is not penalizing your account status. Visit your Copyright Notice page for more details on the policy applied to your video.

When I visit the URL, the video is (of course) blocked. From my phone, I get the even less helpful message "This video is not available in your country."

Even worse, the video isn't showing on my list of uploads, so I can't delete it. So now there's a video of my daughter on Google's YouTube servers which I can't share and can't delete. Splendid.

All this because she's singing and dancing to a decades-old song. The songwriter isn't alive anymore. The song has certainly brought in 99% of the revenue that it will ever create. It should be public domain. And even if it's not public domain, taking down a video in which a kid is singing a song is just stupid. Especially when YouTube allows copyrighted movies on their site.