YouTube’s ‘Content-ID appeal policy’ modified by Google
Yesterday, Google announced an adaptation to YouTube’s appeal-policy by users against certain takedowns of content by copyright holders. By changing this ContentID program, by which users can appeal against a takedown, YouTube introduces a formal process of appeal against the decision to block a certain video under the ContentID system, thereby increasing the protection for its users against unjustified take down claims.
YouTube uses two ‘notice-and-take-down’ procedures, which are often confused with each other. This is probably partly due to the fact that YouTube does not explain under which system a video has been taken down.
Firstly, the DMCA procedure (under the Digital Millennium Copyright Act) uses an official counter notice process; if content is taken down, the user receives a notice. If the copyright holder omits to sue (start an injunction) within ten days after the takedown, YouTube will put the content back online.
Secondly, YouTube uses a so-called ContentID procedure, which works a bit differently; copyright holders can upload samples of their work to the YouTube network, after which the YouTube software scans the platform, looking for matching copies of that content. Once the software finds (allegedly) infringing content, it takes it offline. Disputes by users against such a takedown will be send to the copyright holder. If the copyright holder agrees with the takedown, thereby rejecting the user’s dispute, the content would stay offline, leaving no resources for users to go against the ContentID claim.
Under the new procedure, if content is taken offline under a ContentID claim, and the user sends a dispute notice to the copyright holder, the copyright holder will either have to file a DMCA claim if he rejects the dispute, or release the video to go back online if he accepts it.
The benefit from this procedure is that copyright holders have to think twice before taking down content of other users, since they might face legal penalties if they file nonsensical DMCA requests. Additionally it gives users an extra safeguard in case they want to dispute a takedown.
This is another example of Google trying to balance the interests of copyright holders against the interests of other users of their services. YouTube has had many copyright claims, but also had copyright holders take down content without actually having any copyright or neighbouring rights over that content, which would justify such a takedown.
The YouTube platform keeps innovating, and Future of Copyright follows its changes closely.
To read previous posts about YouTube’s policies, click on the links below.
Sources: YouTube, Ars Technica, techdirt.com
Written by: Nathalie Falot
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