Tony is not a lawyer, but we watches them on Youtube
Video Synopsis: YouTuber Extortion? MxR Plays v. Jukin
by LegalEagle on Jan 14, 2020
Terminology
Source: Copyright claim vs Copyright strike
- Copyright claim
- “When you receive a copyright claim, YouTube, as a third party, is basically saying that you the creator, can use the copyright owner’s content, but the owner of that copyrighted content has the right to place adverts on your video and earn income from it.”
- Copyright strike
- “If the owner asserts their rights to their own content, your video will be removed from your channel and you will also receive a copyright strike. Three copyright strikes and your channel will be terminated. In extreme cases, you could find yourself in legal hot water and have to defend yourself in court.”
Table of Contents
- Summary of the situation
- Summary of American copyright law
- Review of the MxR videos in question
- Review of H3H3 vs Matt Hoss
- Review of Equals 3 vs Jukin Media
- What should MxR do?
- Follow advice from Roberto Blake
- MxR has to think about their YouTube channel as a business.
- DON’T follow advice from The Quartering
- Estimates on how much MxR makes on Youtube and Patreon
- 900,000 views per day -> $2500-$3000/day -> ~$1M/year (if monetized)
- Tens of thousands of Patreon supporters -> ~$250,000/year (at $1-2$/month/Patron)
Key Takeaways
- TLDR; Even if you have a valid claim of Fair Use, you can still get sued and it’ll cost a lot of money to win.
- See: Canadian Copyright Basics
- American Copyright
- by default, you need permission/license to use a copyrighted work
- exceptions under Fair Use
- 4 Factors that must be balanced:
- The purpose and character of the use;
- “By far the most important factor”
- Also referred to as a “transformative work” such as a clear commentary/criticism purpose.
- The nature of the copyrighted work
- Is the work factual or fictional in nature?
- Factual works have less protection than fictional works.
- Is considered the least important of the four factors.
- The amount and substantiality of the portion used
- People are only allowed to use the minimum amount necessary to get the point of their commentary/criticism across.
- The effect of the use upon the potential market
- Your work can’t replace the need for the original work.
- The purpose and character of the use;
- Parody is often protected but satire is almost never protected.
- Parody comments on the underlying work.
- Satire comments on the world at large.
Video Synopsis: Twitch is in serious trouble
by Hoeg Law on Nov 12, 2020
Terminology
- Soundtrack
- “A rights cleared music tool designed for Twitch creators” (copy and pasted from their website). It apparently allows streamers to play music while they’re live.
Table of Contents
- Don’t stream music on Twitch
- How to avoid DMCA notifications
- Streaming in-game music
- “Just hide the evidence” (Hoeg says, mockingly)
- Twitch has only secured performance licenses
- Problems with Soundtrack: Twitch does not have sync licenses for streaming recorded music
Key Takeaways
- To make a song stream safe: a platform has to secure master recorded rights, publishing rights and mechanical licenses (to release the music).
- Additionally:
- to use music in a public setting, a public performance license is required;
- for music used in a video setting such as an advertisment, film or recorded livestream, a synchonization license is required.
- Allegedly, Twitch has not paid for synchonization licenses (the most expensive of the bunch).