So I made a short recording of saints row, uploaded, and got blocked. Now I got blocked once before for borderlands, but that's because it was mixing up the title of the game with the title of a real band so I disputed, this one is their little music spoofer seeing that kanye west song in my recording. I find that kind of crazy. I like my good standing with youtube and there are -a million- videos with this song in it on youtube already, but I don't feel like getting my account burned. I could re-record it, mute music and add whatever else, nothing impossible to recreate, but I like that song with this game and that scene in particular. How real should I treat the notice? I mean...copyright is copyright but 2 minutes of recorded gameplay with the song in the background all as a joke isn't trying to be malicious or make me money.
this one is their little music spoofer seeing that kanye west song in my recording.
Your use of the videogame clip is fair use and therefore, so is the song as it is included in the game and the developer has already paid the associated ASCAP/BMI royalty license fees. It would be like U2 doing a song in a movie and a movie reviewer showing a clip of that movie where the U2 song plays in the background and U2's representation claiming that the reviewer was violating U2's copyright. That's absurd.
I got blocked once before for borderlands, but that's because it was mixing up the title of the game with the title of a real band so I disputed,
Section 512(f) of the DMCA prohibits and penalizes making false claims on content that you do not own, precisely because of things like this where companies are going around sending people (or their ISPs) threats regarding content that has nothing to do with content they actually have a claim to. For example, bots that simply search for key phrases and then issue takedown notices, without anyone verifying the content they are making a claim against. This also covers assholes who misrepresent themselves as being authorized to operate on behalf of copyright owners. They send claims about copyrighted content and people unknowingly cower before them, not realizing that if they pushed it and went to court, the court would see that the claimant had no right to make a complaint on behalf of the real copyright owner.
In other words, they are in violation of this clause of the DMCA for making a claim against your content that had nothing to do with them, simply because "the title of the video had a word that matched the name of our band".
By the way, as for putting video of game play online, itself? Youtube has no problem with this. Go look up HowCast or any of the countless people who upload entire game play-throughs the day a game is launched.
Misrepresentations. Any person who knowingly materially misrepresents under this section--
(1)that material or activity is infringing, or
(2)that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
It absolutely is not beside the point. You have the right to fair use, which this would almost certainly fall under. The only problem is that your rights are meaningless unless you contest their violation and nobody has the time or money to defend their legal use of material (or any other rights, for that matter) so they can essentially walk right all over you as much as they like. That's the fun part of our legal system - it's so expensive to defend yourself when you are right that it's easy and cheap to just go around harassing people. After all, what are they going to do? Challenge you in court over your cease and desist just to keep a youtube video online? Nope...
Its their song, whether your trying to be malicious or make money is kind of besides the point.
Further, commercial entities frequently rape the public domain for their content. In fact, there's a term for it, now -- "Copyfraud". One example of this is when a company takes content that is in the public domain and sells it or repackages it and then sues other people for violating their copyright. Of course, they don't have a copyright on it, because it's public domain. Worse is that they usually just employ a legal firm to send out C&Ds to people and/or demand an up-front "settlement fee" (extortion) to avoid going to court, where of course it would be proven that the claimant doesn't own the content they're complaining about in the first place.
Copyright is fucked and it's only going to get more fucked. (For another really short example, consider Mickey Mouse. He would have entered the public domain YEARS ago. And hey, it's only fair considering how much of Disney's content has been derived from public domain material, right? Well, no. They got around it by claiming that Mickey is a *trademark* and you can trademark something forever).
TL;DR: Original poster is in the right, but unless they have endless free time and finances or are a lawyer, being right isn't relevant.
I ended up pitching it up like 5% to see what bots would catch it on upload, probably just poking the wasp's nest, but whatever. It was caught but not actually blocked from anywhere.
It's just a dumb joke, apparently worse than I realized for all the thumbs down lol. I just saw it and wanted to video it, since the game isn't especially fun to play right now(amd drivers are F'd, I get 20fps~ most of the time). Interesting read though, thanks for that. While I did think it was different for having a song already in a product that was licensed playing I'm too ignorant to know if it was actually different.
Eh, all of that shit is pretty stupid. I had to jump through a million hoops, just to make a video for my best friend with our song in it. I forgot about how easily youtube can pick up on that shit, and they ended up muting the video after I tried three times just to get the stupid thing up, and that was after a couple other times when I didn't realize the file was too long because it just said the video was processing, not that it hadn't actually gone anywhere. Even though she would have likely been the only person in the world to see it, it still wasn't cool. So then I just made the stupid thing public because my exhausted mind thought that would be "spiteful" and then had to figure out some other way to get it to her.