In this video, we’re going to address a very popular and fun topic.
Copyright on YouTube!
This video can apply to non-bronies, but we’ll be specifically discussing Hasbro’s role
for the moment.
First of all, some very important disclaimers.
I am not a lawyer.
Any action you take is at your own risk.
If in doubt, get a lawyer.
Don’t just listen to some random guy on the internet.
Okay, so, you uploaded a pony video and it either got claimed or blocked by Hasbro.
What do you do now?
Step one: Determine if your video uses copyrighted content in a manner which is Fair Use.
You should have done this long before uploading.
This is something you need to research on your own in order to make an informed decision,
but typically a fair use of copyrighted content is one that can’t serve as a replacement
for the original work, isn’t automatically claimed due to its length, and is either a
criticism, commentary, or parody.
Did you upload a 20 minute long reaction video with your webcam in the corner of an episode?
This is probably NOT a Fair Use.
Is that reaction video heavily edited with cutaways, and only uses enough footage to
make a point?
This probably IS a Fair Use.
Uploading footage without criticism or commentary is a perfectly acceptable situation where
your video might get claimed by Hasbro.
All this means is that ads will be put on the video for their profit.
Usually they prefer to do this instead of blocking videos because it earns them money.
It’s a win-win situation, and you should not be upset about a harmless claim on content
which belongs to them in the first place.
However, today we’re talking about claims and blocks on videos which should be considered
Fair Use, like reviews, PMVs, analysis, parodies, and alike.
Okay, let’s say you did your research and determined your video is a fair use of copyrighted
content and shouldn’t be claimed or blocked.
What now?
Step two: Dispute.
Disputing is very easy, and there’s virtually no risk involved.
The only problem with the dispute process is that most claimants, including Hasbro,
have no reason to accept your dispute.
That’s right, the decision is made by the claimant.
Not YouTube.
Do not be surprised when it is rejected, and do not assume you are in the wrong just because of it.
I’ve seen disputes rejected when the content in question didn’t even exist in the video,
so this entire step is pretty redundant thanks to Content ID abusers.
Step three: Appeal.
Once your dispute is rejected, you have the option to appeal.
Things get a little more serious here because you are required to provide your full contact information.
If you fail to provide accurate information, YouTube may shut down your case before it
ever even reaches Hasbro.
Once you fill out your contact info, YouTube will ask for some more information as to why
you believe your video falls under Fair Use.
I can’t tell you exactly what to write here, because if you don’t already have some idea,
then you probably don’t have a good enough understanding of Fair Use and need to do some
more research.
Here’s a quick overview though.
Again, I am not a lawyer, and you should probably take this information with a grain of salt.
The purpose and character of use refers to what type of video you’ve made in the first place.
How is it different from the copyrighted work?
Are you a company or an individual?
Is your video transformative or derivative?
If you’re not monetizing, that will help your case although it’s not necessarily
a requirement.
The nature of the copyrighted work should be an easy one.
My Little Pony is a widely-available show and like any other piece of popular media
it’s commonly reviewed and parodied.
The amount and substantiality of the portion used.
Did you use as little of the copyrighted work as possible?
Was it altered enough to be considered new and different?
The effect of the use upon the potential market for, or value of, the original work.
This one’s also deceptively simple.
Is anyone going to watch your video instead of buying a copy of the original?
Can Hasbro be harmed in any way due to your use of the copyrighted work?
Will your video do anything other than provide free promotion for the show?
All of that might have been a lot to take in, but if you do your research you’ll find
that each of these text fields really only need a couple lines of explanation.
There isn’t much need to go too in detail on this form but it is very important to convey
to YouTube and Hasbro that you know what Fair Use is.
Step four: after your appeal is sent in, Hasbro will have 30 days to respond.
In my personal experience relating to this, they have always ignored my appeal and let
it expire.
This should be the end of your battle, and your video should be fully restored.
HOWEVER, And this is quite important:
There is a chance that the claimant, Hasbro here, will issue a formal takedown notice.
Receiving a DMCA takedown notice is a rather serious affair.
If this unlikely event occurs, and you’re sure you’re in the right, then you do have
one more option.
Step five: file a counter-notification.
Either they leave you alone, your video is restored, your strike is removed, and all
is well again.
OR…
You get sued, and have to go to court where you’ll likely end up spending hundreds of
thousands of dollars in legal fees.
It’s the ultimate ultimatum, and to many it’s not worth the risk.
However, and I could be wrong, but I do not believe this has ever happened to a brony.
This is such a rare occurrence that even when it does happens to people involving the use
of music from a large label it usually makes the news.
Sure, Hasbro sends out Cease and Desist letters all the time, but if you’re doing something
deserving of that they’re not going to bother claiming your video first.
So in closing, stand up for yourself!
Content ID abuse is rampant on YouTube.
If you do your research, and are sure you’re in the right, you should not hesitate to dispute,
appeal, and maybe even counter-notify to defend your videos.
Thankfully, even with all the complaints lodged against YouTube, we really do have the high
ground in most situations.
The dispute process does work, it’s just that most people are too intimidated to use it.
One look at the appeal form and most people would be scared away; I know I used to be.
Everything from the redundant dispute step, to the needless red tape form-filling is designed
to make this as inconvenient and scary as possible for you.
There exist entire companies which do nothing but take advantage of this system.
As much trouble as Hasbro is to the brony fandom on YouTube, they’re not even close
to being the worst offenders.
And that is why I hope this video will inspire some of you to take a stand and fight.
Not just for your videos, not just the brony fandom, but for all of YouTube.
Check out my “Where’s The Fair Use” video if you’d like to hear more about this
growing problem.
I hope to see you next time, and stay tuned for your regularly scheduled pony videos!