By Maria Sol Porro. Trademarks Lawyer and University Professor.
New measures on Youtube
The most famous content platform has decided to change its management model and harmonize the control tools that authors have to protect their content on this network. This is why, since September, YouTube will stop demonetizing a video if there are small fragments of other songs in them.
Until now, if a user uploaded a video with only a small fragment of a song or other work, the author was enabled to unsubscribe the content or, even worse, demonetize that video. With the new procedure, even small fragments of songs can be used without demonetizing, although the duration of each portion is not objectively established. However, this new measure will allow Youtube users to upload content without the risk of losing everything for a few minutes of a song.
On the authors’ side, they will still have the possibility to block or demonetize videos. Nevertheless, they will not be able to abuse either of these two options. In this regards, they will have to do it manually. Otherwise those owners who continue to make massive manuals claims will be suspended. On the other hand, the famous detection mechanism with Content ID (responsible for the vast majority of claims) will remain unchanged and will continue to allow claims to be appealed by the users if they were made in error.
Reason: New Copyright directive
Surely, these strict policies of YouTube and other platforms respond to the strong protectionist wave that is taking place in Europe after the half-sanction of the new Copyright directive.
In fact, the platform has acknowledged that they have been turning a lot in favor of the rights owners and have left aside a bit of content creators, who are ultimately the ones who keep the platform alive. Therefore, with this change, they claim to have taken an important step towards finding an adequate balance in the long term. Although they have recognized that this change can increase the number of claims in the short term. Only time will tell.
1 European Union Approves Copyright Directive – By Maria Sol Porro – 23 APRIL, 2019 – MOELLER IP BLOG https://www.moellerip.com/european-union-approves-copyright-directive/