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Forum - View topicINTEREST: Anime YouTubers Targeted For Copyright Strikes By Toei, Sho-Pro
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Wasureta
Posts: 53 |
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What exactly have these YouTubers done to get blocked. I don't follow them, but if the only thing they're doing is playing short snippets of stuff, that's just free advertising/promotions. It looks short-sighted by the Japanese companies.
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FunkyDude88
 Posts: 108 |
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They use copyrighted footage and music, sometimes logos and brandings as well. Generally not a good idea to do that stuff. |
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DRosencraft
Posts: 665 |
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Just to note, regarding the comments attributed to Suede in the story;
Any company's policies or ToS should be taken as a contract between you and the company that has issued them, i.e., you and YouTube in this case. This, however, should never be taken as a whole accounting of the regulations and potential liabilities between you, the government, or a third party (something that is usually mentioned in the same agreements). Third parties are not inherently a part of any agreement you have with another. Again, looking at this case, you as a user and YouTube may have an agreement and a set of policies under your usage of their site and their ToS, and "copyright holder" may also have their own agreements with YouTube. But Nintendo is not a party of the agreement between you and YouTube, and therefore their rights cannot be restricted by any agreement between you and YouTube. YouTube can punish you for violating their agreement with you, but "copyright holder" also retains its rights to pursue punishment, remedy, or restitution from both you and YouTube if it chooses and isn't barred by any agreements it has with you or YouTube, respectively. Just because YouTube takes your page down doesn't mean that "copyright holder" can't also come after you and YouTube for what damages it can prove. In fact, YouTube's action in striking your page is an attempt to shield themselves by limiting continued damages from accruing. Edit: Do note, this isn't just a YouTube thing. This applies to any and all platforms, including Twitch, or any other video, image, MP3, etc. hosting platform. YouTube is just the biggest fish in this pond, so more likely to catch attention and for copyright holders to take notice. Last edited by DRosencraft on Wed Feb 02, 2022 12:12 pm; edited 1 time in total |
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The_Daytona_500
 Posts: 76 |
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This garbage is why a lot of smaller Youtubers (like myself) are starting to move to Utreon. The view counts are shit but at least you can post videos without the copyright trolling.
Last edited by The_Daytona_500 on Wed Feb 02, 2022 12:35 pm; edited 1 time in total |
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omoikane
Posts: 494 |
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Thanks for this article it is informative. It's too bad not everyone knows to stay the hell away from any Nintendo IP as derivative use, but is this Youtube's fault or not, it's very hard to say.
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Wasureta
Posts: 53 |
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They played a full minute of footage or something? The US has fair usage laws. |
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The_Daytona_500
Posts: 76 |
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Lmao at you thinking that YT cares about that. You can have 10 seconds of some songs and your video will be world blocked. |
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Megiddo
 Posts: 8360 Location: IL |
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These are Japanese companies. They don't recognize fair use. |
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vampiyan
 Posts: 64 |
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tbf I'm sure Warner Bros or Viacom wouldn't like people uploading stuff to YouTube either. Twitch also got hit hard with DMCA from music artists and stuff as well. |
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Greed1914
 Posts: 4446 |
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At least for Not Mark, the problem was basically Toei going after the channel because Japan doesn't have fair use when it comes to copyright and tried to strike many, many videos on the channel. But the channel, and Youtube are in locations that do recognize it, and his content was pretty clear ok. From what I understand, Toei initially tried to contact Youtube to get them to take down the videos, and Youtube asked Toei to explain/show proof, which it didn't and went through the automated system. Youtube has been catching flak for this type of thing for a long time since it protects itself from a lot of copyright issues by being hands-off and leaving the rights holders and channels to deal with it. Once in a while, though, something like this happens where it's so blatantly obvious that they'll get involved. A lot of other channels were calling this out, and sometimes that gets Youtube's attention, but from what has been shared, it sounds like they were taking more proactive steps before then, which is the genuinely surprising part. The compromise they reached is what it probably should have been from the start. Japan doesn't do fair use, so it gets blocked there. Elsewhere, they'll just have to deal with it and maybe learn along the way that a snippet as part of a review isn't the same as posting a full episode. |
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ErikaD.D
Posts: 659 |
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Can anyone explain to me why Toei and Nintendo are so strict on copyright strikes on their stuff?
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SilverTalon01
Posts: 2403 |
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Youtube needs an option when you upload a video for "block video in countries known to have no or extremely weak fair use laws."
A lot of what people claim as fair use isn't actually fair use though. Most Western companies will just allow more... I'd guess because they understand that derivative use isn't a replacement for their products. |
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Tempest
 I Run this place.ANN Publisher  Posts: 10425 Location: Do not message me for support. |
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Guys, stop saying, "Japan doesn't have fair use." It's more complicated than that.
Japan has several copyright exemptions that are similar to US fair use, but no where near as flexible. US style fair use is actually pretty unique in the world, even Canada and the rest of the common wealth are limited to something called "fair dealings" which is similar to fair use, but much, much less flexible. Fair use in America: Great Fair dealings in UK/Canada/AU: Good Copyright Exceptions in Japan: Pretty limited, but do exist. ANN posts tons of Japanese copyrighted material that meets Japanese copyright exemptions for news reporting, criticism and commentary, etc...
I don't recall if there are other Japanese exceptions to copyright, the ones above are the ones that matter to ANN, but they wouldn't apply to most YouTube videos. |
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icomeanon6
 SubscriberPosts: 114 |
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I think image control is why they're more aggressive about it than a lot of other companies. Most of these channels are basically free advertising for their product, but they don't want advertising that isn't dictated by their (squeaky clean) branding strategies. Some of this night also just be the principle of the thing. Companies don't like you using their content in your content unless you make a deal with them first. Tom Scott's video on YouTube and copyright is a worthwhile watch, though it doesn't touch on Japanese copyright law in particular. Last edited by icomeanon6 on Wed Feb 02, 2022 3:21 pm; edited 1 time in total |
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Firefly251
Posts: 355 |
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i'd argue this is exactly reason enoguh to be on YT until they make a way for them to be gotten elsewhere. |
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