this post was submitted on 12 Feb 2025
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Copyright madness: YouTube seems to doubt whether Shakespeare is in the public domain. (walledculture.org)
submitted 5 months ago by Cat@ponder.cat to c/technology@lemmy.world
23 comments fedilink hide all child comments
 

This extraordinary saga of takedown notices for performances of Shakespeare show that 27 years after it was passed, the DMCA is still not fit for purpose. The companies like Google that are tasked with implementing it often do so in the most desultory way. There is an underlying assumption that claimed infringements are valid, an injustice compound by an arrogant indifference to the rights of ordinary citizens who find themselves caught up in a complex copyright system that is stacked against them.

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[–] Naich@lemmings.world 12 points 5 months ago (11 children)

There are alternatives to Youtube. Use them.

[–] MudMan@fedia.io 31 points 5 months ago (6 children)

Not so much a Youtube issue as a modern copyright issue.

But I'm curious, is that recommendation meant for users or creators? And don't say "both", I know it's a chicken and egg thing, I'm asking what you think comes first.

[–] muelltonne@feddit.org 20 points 5 months ago (2 children)

Read the article - in this case the problem is YouTube not reacting to the DMCA counterclaim.

he promptly sent YouTube a counter-notice, as the DMCA contemplates, and assumed that would the end of the matter. After all, he reasoned, Shakespeare is in the public domain, and besides, Shakespeare by the Seas assured him that it had not relied on Coallier’s claimed version of the Shakespeare plays in crafting the script for its performances; indeed, Shakespeare by the Sea had never heard of Coallier or seen his supposed copyrighted versions of Shakespeare, and hence could not have copied them. Even so, YouTube, ignoring the DMCA’s procedures, refused to honor his counter-notice or even forward the notice to Coallier so that Coallier could file suit for copyright infringement. Instead, it issued a copyright strike against Underwood’s channel and told him that he would have to work things out with Coallier.

All they had to do was to (and are legally required to do) is forwarding that counterclaim and then restore the content. Then the crazy dude claiming to own the copyrights to Shakespeare could try to sue the uploader. A sane legal system should throw out that quickly.

But instead YouTube didn't forward that message, did issue its own copyright strike and might ban your account if you get too many of those strikes and then told them to negotiate with some nutcase.

[–] frezik@midwest.social 6 points 5 months ago

There's no consequences to filling out a false claim. That's been a problem with the DMCA that existed even before YouTube.

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