criterion-sm dice-lg ea-starwars-lg instagram lucasfilm-lg motive-lg twitch you-tube

There is a great HYPROCISY on Youtube...and its sickening

The past week or so I did watch the Vader fan film and I thought it was really good. Others I know thought it was actually something Lucasarts had done on the side just because of its quality and the "level" it was on.

And then I heard about the incident just the other day of Disney filing a claim on the video to try and have it removed. On the grounds of music I think? And that is not totally what this thread is about, but I will give my opinion about that situation also.

So the dude was a sole proprietor who made a fan film about a fictional character? A fan film that managed to get a whole bunch of attention. But to my knowledge he never asked for a cent from the public to make it nor watch it.

Then what gives? Most of the time I assume the creators of fan projects consider themselves to be sort of "protected" by not monetizing the projects. But this seems to not always be the case.


Here are some similar situations (though not Youtube related) -

A very dedicated "Streets Of Rage" fan supposedly spent 8 years working on a Streets Of Rage remake or reboot, that he released FOR FREE mind you, and within days Sega shut down the project, https://www.wired.co.uk/article/sega-shuts-down-streets-of-rage-remake

There is another project like that above that involved a small team of "fans" but I just can't remember it right now. But I remember they ended up making it a totally new game and changed the looks, names, animation and sounds of everything.

But these things involve giant public (not private mind you) presentations of fictional characters and franchises that these fans do not legally own. So it may not be the best public representation of these things to those that actually own this stuff. They may not personally agree with the story lines and situations involved. And because of that...........I believe that is the ultimate reason this stuff gets shut down. Its ultimately a loss of control. Although such a situation should always be flattering that one or a few made a big enough splash in the pond that even those on Mount Olympus had to acknowledge it. But I do imagine such passionate projects are appreciated by many of the owners of these characters. But I bet you, if any such fan privately made these things, no matter how big or massive they were, there would be no efforts to shut down or hinder their efforts.



Back to the Youtube situation. Youtube has a terms of service you must agree to when joining and before posting which states that you agree not to upload any audio or video that you do not own OR have the owners express permission to post.

Now here is the thing, if Youtube ever chose to actually enforce this policy you would probably see about 85 percent of Youtube disappear over night (that is only an estimate just saying).

Why then, does it seem that the little guy on Youtube is always punished by the big name accounts on Youtube? If you are a BIG NAME ARTIST, on a BIG NAME LABEL, Youtube seems to protect and patrol such things. Instantly punishing and smacking down any and all that violate their TOS. However, and I've seen this myself, if you are a no nothing little artist on a no nothing little label, you don't seem to have any rights on Youtube. Others out there take entire videos and put them on their channels completely unedited, and you can throw flag, after flag, after flag, and nothing happens.

Supposedly, the maker of the Vader fan film hired an orchestra or someone to make the music. I thought that was ok legally though? Like if I download a MIDI file of a popular song and then make a rendering using instruments inside FL studio.

This is an interesting situation, it means that the very notes in a musical sequence can be claimed or copy-written. But then is this JUST a Youtube stipulation? Or one of an actual copy right claim? If someone banged on their school desk twice and then clapped and then sung aloud "WEEEEEEEEEEEEE WILLLLLLLLLLLLL WEEEEE WILLLLLLLLLLLLL ROCK YOU!" Could someone from a record label appear and sue you or take action for you impersonating and performing a Queen song?

But, what if you recorded a video of that and uploaded it to your Youtube channel? THEN, technically you are violating their (Youtube's) TOS I guess? Unless of course , I guess again, you first sent an email or contacted a company somewhere asking to get their permission (which I'm fairly certain they aren't going to give you) to post such a video?





TL&DR - Youtube IMHO unfairly and poorly punishes TOS violations by individuals and small groups while not respecting the little guy's own creative works and "rights" while on Youtube.

Would like to hear other thoughts and opinions on this situation. Please keep it civil and respect all parties involved and their creative works and rights.






Replies

  • bfloo
    14030 posts Member
    While the claim was removed, you can't just use copyrighted material in a youtube video you make.

    I know there are ways around it, but screw up and these companies are ruthless.
    The Knights of Gareth are Eternal

    Pirate of the Knights of Gareth

    h846398gb27k.png


  • t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    Really all star wars theory has to do is claim its a parody and they will be fine. Just like robot chicken or Mad Tv.
    Youtube Channel https://www.youtube.com/user/TroopperFoFo/ .
    Battlefront 2 , Battlefield and more.
  • bfloo wrote: »
    While the claim was removed, you can't just use copyrighted material in a youtube video you make.

    I know there are ways around it, but screw up and these companies are ruthless.

    Its not just copywritten material, its ANY content from other users that you are deemed not eligible to upload. Here is line 7.7 of the Youtube TOS - "7.7 You agree that Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant YouTube the licence referred to in paragraph 8.1 below."

    So thus theoretically, if an individual created a creative work such as a song, and then someone else uploaded that to their channel without your permission, they are in violation of the above rule.

    Well what if it was not Vader, but about a cyborg robot man named John Doe that suffers reoccurring visions of his life as a human before being converted to a cyborg or android. An some just random user uploads the video (in its entirety even) to their channel. Is that not a violation of the video creator's Youtube rights? Say he has no copy-write, officially just adobe premiere and some skills and free time, and the desire to make something.

    If all do not have to follow their rules (even the "big" companies), then why should they have rules at all? I say this because this type of thing goes on everyday at Youtube and no one seems to care when its the little guy gettng his own works whored out and used in ways he doesn't approve of.
  • t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    Really all star wars theory has to do is claim its a parody and they will be fine. Just like robot chicken or Mad Tv.

    But this isn't about "fair use policy" of copy-written work out there in the world that could be viewed as a parody. This is about the legality of hosting such a clip on a Youtube channel and how that does or does not apply to their TOS.
  • t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.
  • t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.
  • t3hBar0n wrote: »
    t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.

    It was corrected actually.
  • bfloo
    14030 posts Member
    t3hBar0n wrote: »
    t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.

    It wasn't youtube, it was the music company.
    The Knights of Gareth are Eternal

    Pirate of the Knights of Gareth

    h846398gb27k.png


  • bfloo wrote: »
    t3hBar0n wrote: »
    t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.

    It wasn't youtube, it was the music company.

    Ah ya. I disabled music in my game because my recorded footage of BF2 would get auto flagged by the algorithm for music and I would have to dispute it... it wasn't worth the hassle.
  • t3hBar0n wrote: »
    bfloo wrote: »
    t3hBar0n wrote: »
    t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.

    It wasn't youtube, it was the music company.

    Ah ya. I disabled music in my game because my recorded footage of BF2 would get auto flagged by the algorithm for music and I would have to dispute it... it wasn't worth the hassle.

    Why is it so risky just to have music in a video game playing in the background while recording? I've seen MassiveG do this. Is Disney THAT worried about someone monetizing something they own?
    gctn47nz145u.png

    I keep changing this for whatever reason but ehh...It can stay like this I suppose.
  • t3hBar0n wrote: »
    bfloo wrote: »
    t3hBar0n wrote: »
    t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.

    It wasn't youtube, it was the music company.

    Ah ya. I disabled music in my game because my recorded footage of BF2 would get auto flagged by the algorithm for music and I would have to dispute it... it wasn't worth the hassle.

    Why is it so risky just to have music in a video game playing in the background while recording? I've seen MassiveG do this. Is Disney THAT worried about someone monetizing something they own?

    Disney is ruthless with their trademarks.
  • t3hBar0n wrote: »
    bfloo wrote: »
    t3hBar0n wrote: »
    t3hBar0n wrote: »
    Disney paid 4 billion for the rights to the Star Wars IP... Darth Vader is probably the most recognizable and valuable asset they have... why should they allow random fans to utilize their IP in a way they haven't approved? Disney has a process for requesting the usage of their IP for artistic purposes such as fan films, school projects, charity events etc... if the creator of the fan film did not go through the Disney approval process, they have every right to have the infringing content removed.

    https://www.disneystudiolicensing.com

    But he did go to Lucasfilm and they gave him the green light.

    Then YouTube is being overzealous and it will get corrected.

    It wasn't youtube, it was the music company.

    Ah ya. I disabled music in my game because my recorded footage of BF2 would get auto flagged by the algorithm for music and I would have to dispute it... it wasn't worth the hassle.

    Why is it so risky just to have music in a video game playing in the background while recording? I've seen MassiveG do this. Is Disney THAT worried about someone monetizing something they own?

    Because it technically violates the Youtube terms of service, specifically the part about not uploading a clip that contains any video or audio that you do not own or have the owner's express permission to use.

    The irony of that is, how some users throw up a big "FAIR USE" "NO COPYRIGHT INFRINGEMENTED" thing before their video when Youtube is the HOST with its own rules and policies.

    But I get what you are saying, the rules are going to have to be changed when it comes to video game streams. Trying to enforce this rule on video game streams makes no sense because other users out there are hearing a MIX, they aren't hearing the pure digital audio 16 bit 44Khz CD quality of the music in question, it is being mixed with all kinds of various video game sounds and possible commentary from the stream maker, not to mention whatever compression algorithms Youtube no doubt uses on the video and audio.

    So while its TECHNICALLY possible that someone out there with enough time and patience could theoretically reassemble a piece of digital audio just by using very very small pieces of the music playing with no extra sound or little to no extra sound, and also you would need to explore many many many videos that all had the same digital music in question, I doubt even the most nefarious digital pirates would go through with that whole endeavor.

    I don't think that is what this is really about. I think its a control thing. A disobedient thing
  • From my point of view the youtube is evil!
Sign In or Register to comment.

Howdy, Stranger!

It looks like you're new here. If you want to get involved, click one of these buttons!