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Old 01-07-12, 18:31   #2
photostill
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Default Re: Universal Music Takes Down Band’s YouTube Videos “By Accident”

Nothing unusual in this, happens often and frequently.

At the time that DMCA was being considered as a bill, here in the US, the RIAA promised not to misuse nor abuse this law. I pointed out at the time, that it wasn't just for the RIAA's use but being as a law was available to anyone to use. Under those conditions, not to mention the past track record of the RIAA, abuse of this law was guaranteed. There is no serious penalties within the law for those that abuse it. There is one penalty but it amounts to little or nothing, certainly not a preventive measure with teeth.

Over and over it has been demonstrated beyond a shadow of a doubt that take downs are done because the left hand doesn't know what the right hand is doing. Marketing puts up these new bands and songs on YouTube for advertisement. Third party, hired to protect the copyrights, issues take downs because they didn't get the word, the filter didn't get updated, or because of ridiculous lengths taken to jealously guard that copyright.

Worse, people see things where it looks bad on them. Bad photos, bad recommendations for their business or something they wrote or responded to, just anything at all that doesn't suit them and they fire off a take down. Google is pretty good about filtering the claims into those with actually merit but they can not decide what is or is not copyrighted to the 100% level required to stay legal. If there is a doubt in the claim of being proper, down it comes. This is because failure to obey authorized take downs means that Google itself would become party to copyright infringement charges. It's the deciding of if the take down request is valid which Google looks at. Google has already last month posted a list of those attempts at take downs in which they state in numbers how many were deemed not valid, such as photos of cops in the wrong not being taken down.

There have been many, many, where the licensed artists works were posted by the marketing department only to be pulled down, the same way as this one in this article. This is not to mention mistakes where there was no question of a valid copyright still attempted to be pulled down on name alone or some other vague reasoning. Sometimes indie artists get pulled in all this fast draw removal. The copywrong gang doesn't own the indie artist's copyright and has no legal authority to issue take downs, yet it happens all the time.
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