YouTube Copyright Abuse Has Changed Me

YouTube Copyright Abuse Has Changed Me

How’s it going guys, I am Matthias, and today, I’m going to make a video that I wouldn’t normally make, but under the circumstances, I feel compelled to. With everything that’s been happening on the front of copyrights and fair use, I thought I would weigh in because this topic has affected me greatly. There are some fantastic videos up right now that explain the problem of copyright and fair use on YouTube a little bit more thoroughly than I’m going to, some of these channels include GradeAUnderA, Boogie2988, Channel Awesome is a great one you should watch, and if you’re wondering “You know what, I’m going to skip this video, this doesn’t really affect me.” If you even clicked on this video, it does affect you, because that means you watch YouTube videos and that means this is where you get your entertainment from, even if just a little bit. To get a bit more specific about fair use, the fair use clause is designed to protect freedom of speech and expression. When referencing other pieces of copyrighted work in your work; such as news, education, film, TV, music, movies, and YouTube, yes, YouTube. However, YouTube’s copyright and fair use system is incredibly easy to abuse. I actually saw a video today in which a creator saw other creators getting hit with illegitimate claims on videos about this “damn, Daniel” trend. So he uploaded a video called “15 Minutes of Damn, Daniel”and it was instantly claimed. The actual video itself was nothing more than a picture with silence for 15 minutes. And it was manually claimed by an actual person on the grounds that the sound recording was manually detected. It was silence, it was just 100% silence. So to understand the absurdity behind this, you have to understand a little bit more about fair use. So what is fair use? Fortunately for you, I’m one of the rare YouTubers that actually am educated on this topic. That’s right, I went to film school and I took classes, just classes in this. Fair use and copyrighted work. Fair use is designed to protect content such as criticism, news, magazines, TV, movies, etc. One of the biggest issues in fair use is how do you determine what’s fair use and what’s not? Luckily, the fair use clause explicitly states four points. Point number one, and I’m going to read this for abatement “The purpose and character of the use including whether such use is of a commercial nature or is for nonprofit educational purposes.” So one; is this content for the purpose of education, if so, you’re safe, Two; is the content transformative by nature, and what that means is does it add a level of value on top of the copyrighted work, or is it just a blatant rip-off? Point number two, Essentially, is the copyrighted work factual, or creative by nature? Which means, if it’s factual, you’re going to be safe under fair use, if it’s creative by nature, here are the next couple points. Point number three, This is one of the recent issues that we’re seeing coming to play with all these reaction-based channels, where they just take the entire video and then sit behind it and just watch it. That is not fair use. As this point clearly states that you cannot use the entire copyrighted work. You must only use snippets, otherwise you’re detracting from the value. If someone’s going to go and watch someone reacting to my video, but they put up the entirety of the video, what’s the purpose for them to go to my channel? Why do they need to watch my video when they’ve already seen it in it’s entirety? Which happens so often. Now, when I give you explicit approval to do so in some of my videos, you are more than right to do that. But without my approval, you do not have the right to use my content in that fashion. And this feeds back into the fourth point, which is Essentially, if you’re creating this thing, and you’re using copyrighted work, are you detracting from the value of the original copyrighted work? Are you taking away from their market? Are you stealing their audience? And thus their profits? Like uploading their video in full. Many reaction channels get it right, though, only using snippets of the original copyrighted work, effectively peaking your interest to go see the original work, potentially even expanding the original copyrighted work’s market. So with all four of these points, is your content… fair use? If you go to a concert and record the artist in full; you get a full song in that recording, that is not fair use. You do not have the right to do that. If you take my video in full, you do not have the right to do that. The content that you create has to be a new creation. It has to be transformative by nature, if you are not doing that, you are not under fair use. Now with a bit of understanding on how fair use works, let’s take a look at some of these larger companies and see how they think fair use works. Whoops. Whoops. These are all videos on my channel currently right now that are all being claimed by third-parties. Some of these videos are even claimed by parties that don’t OWN the original copyrighted work. Now, all of these are transformative by nature. But it doesn’t matter, because they can get away with anything on YouTube. You liked it when I made parodies, huh? Well, this is why I don’t anymore, because I
didn’t have a chance against these large companies and record labels. So I thought, “you
know I still kinda wanna make parodies.” I’m definitely too scared to make actual
music video parodies right now but I still wanna parody these songs because
they are so absurd so I was like how can I do that beyond a shadow of a doubt and
still be in fair use and thus Lyrics In Real Life was born, that series that you
liked, and then I stopped doing. Why? Because they still claim those. Not only
did I use less than 30% of the original lyrics of that song, I used 0 music. I
didn’t use their music at all. So point 3, I’m
safe. I also clearly made these videos transformative by nature because I made
these lyrics into a conversation half of which I wrote myself. The abuse of this
copyright system on YouTube has dramatically changed my creative voice
and my content and overall my channel so I was like, “Okay, if I’m gonna be on YouTube,
I need to just straight-up be safe.” I just can’t even reference copyrighted
work anymore even though I have the legal right to do so. So, from then on, I decided
to create content that was my intellectual property alone. Side-note: building a
channel on your own intellectual property without any sort of referential
content is almost impossible on YouTube based on how their YouTube algorithm
works. Seriously, try to think of a channel right now that doesn’t use copyrighted
work in their videos somehow. Now, they all have fair use to do so, but gamers;
fair use. Parodies; obviously fair use. Rant channels;
fair use, what are you going to rant about? Reviews; seriously? Seriously, that’s fair
use. Even daily vlogs, the genre in which I would be like, “Okay, there’s no way it’s
just your life right?” No, companies have still found a way to
claim videos because their products are in the videos. What? But even making videos
off my own intellectual content, I was not safe, still. Recently an NCM the goes by
the name of Studio71 has been claiming my videos because their creators are in
them. I’m not even kidding. This video is claimed by Studio71 because Matthew
Santoro is in that video. This video is claimed by Studio71 because Kyle Hatch
is in that video. Now, they had nothing to do with this. Kyle
Hatch, Matthew Santoro, nothing to do with this. Studio71 was doing this on their
behalf. They had no idea that their network was
abusing the system like that. After I disputed the claim, contacted a bunch of
people; I finally got a hold of a representative over at Studio71 and he
assured me that this claim was in no way meant to be malicious. As if that means
anything to me. If someone kills someone, does it matter to that person if they
did it on purpose or not? NO, their dead either way! Either way, you stole my
rights, my intellectual property, and my copyrighted work. Guess what, they don’t have to
give it back. Per YouTube system, they don’t have to
give it back. By the time this sketch was released, it had been a full day, how much
money could you have made on that video in one day? What, twenty, thirty cents? Yup,
and Studio71, I want that twenty cents back, and I want you to send it to me in
the form of a check. Not because I need it, but I want you to
go through the trouble that you put me through. I want you to go down to
accounting, I want you to find my $0.25, I want you to then cut me a check for
twenty five cents, and then I want you to send it to me. I’m serious. But to be
perfectly honest, this isn’t even about money, even though I’ve had thousands and
thousands of dollars stolen from me, this is about my rights as a creative person.
This is about my intellectual property being stolen from me, with no
repercussions. This is a crime. And now, if anyone wants to start a class action
lawsuit to get this conversation really moving, I’m in. These companies might have
millions of dollars, but we have millions of people, and guess which ones worth
more? You keep poking the bear, sooner or later
we’re gonna bite. Are you listening?

99 thoughts on “YouTube Copyright Abuse Has Changed Me”

  1. Cute Little Professor 784

    YouTube where are the updates. To other you tubers like Matt this is just wow. What do they get out of it.

  2. The guys over at The Bible Reloaded are suing a company who have false DMCAed them 6 times. Even if you don't like what they do they would really appreciate support or donations if you can afford it. It would send a message out to the company doing it to them so have done it to so many others who can't afford to stand up.

  3. 06:31 There are plenty of channels that don't use the copyrighted material of someone else and still become popular. Domics is a nice example of this.

  4. This is exactly why I decided not to post speedpaints on my channel–I am not willing to risk the YouTube copyright smackdown.

  5. A Peppermint Candy

    Ok I'm sick of these speed talking videos …why are you rushing ?????????????? Just gave me a headache on top of the headache . which should enhance our existence on this planet is in control of the evil mob . BOOO to everything mankind has invented and honest to God I wish for the first comet to hit the Google just when they are celebrating their whatever …..

  6. I had to remove all of my music on youtube because I used sound samples included in a music software.
    I've given up though… I don't want to deal with it.

  7. Catching copyright trolls, its channel was taken down due to "multiple third-party notifications of copyright infringement", just notifications, not review by YouTube or any actual review by someone who should know better, unless I am misunderstanding the term notification.

  8. OMG I'm so sorry. I've been commenting criticisms on all of your videos for not creating the content that we want you to make. I had no idea that this was an issue. Turns out you do want to make the content but can't. I'm going to resubscribe because I feel so bad for telling you what to make content on which wasn't your fault. I'm so sorry this happened to you.

  9. I got a copyright from DJ snake even though I put the song's maker and other info about the creator (him) I deleted the video, I was about 1 copyright ro get a strike. another from trap nation, on this and ke$h, even though I put the entire video and title and channel to the original video at the end.

  10. I have a question. If I were to start a art channel and maybe draw anime characters or fnaf characters would it be copyright. like if I were to use a picture from online and even post where the source came from would I be abusing the copyright rules. Can you please tell me Matthias.

  11. Xx Phanic!SeptiplierAtTheDisco xX

    this may be old,But probably we all know,This place Was called YOUtube.Anything YOU want.Now this is gonna be a blank void called TUBE.


  12. BoadSta Adventures

    I agree if u get permission to do so for vids and record yr reaction or for anything els but I have question what if someone actually askes if they can before acctuly doing so and asked in the comments or on Twitter, Facebook what ever,So they know they won't get in trouble from the actual creator for his or her vids Matthias this question is to you and to anyone els who actually knows

  13. BoadSta Adventures

    I agree with you is unfair plus what they do affects the youtubers family's like if they have kids or not in a relationship and I agree Matthias you have a lot of ppl behind you like me and that's worth more than anything so support him and anyone els who needs it

  14. Almost been a year since this vid has been out and it's still relevant. My bf was trying to get his gaming youtube back on track when his recent vid not even 5 minutes after it's uplouded, got blocked cause Pokemon company didn't like that he used the intro for the Pokemon game Pokemon Black Version. It really upset him cause none of his other Pokemon let's play vids have ever been blocked.

  15. So if I upload a video with a song I didn't make or no one I know made it, and it played in the background. Is that copyright?

  16. Why is YouTube copyrighting so many youtubers and choosing who gets views and who does not and making small channels get hardly any views which makes them think that they are doing something wrong or not working hard anough which makes them want to quit YouTube but it is only YouTubes fault and they only give lots of views to really really popular channels

  17. So how do "lets play" and "walkthrough" channels remain online? With such strict guidelines i would imagine those videos would be removed? Despite each video is 15 to 30 min long, all the snippets create the full game (or just about).

  18. Vlogging With Jade


  19. this sort of thing has slowed down, now it is the #adpocalypse i do get claimed myself but that is my fault really.

  20. MATTHIAS! Please explain to me what exactly happens when another party 'claims' your video? You just stop getting money from it? I don't understand.

  21. If I want to start a channel like yours..such as top 10 toys at my local dollar store? Is that a copy write infringement?

  22. Matthias, if you could or anyone that reads this help me:
    I've made a photoshop manipulation art ( its multiple pictures combined to create a new scenery, all the pictures i used are royalty free stock )
    The problem is my art aparently looks like this guys art who filed the copyright and he thinks i copied from him.
    I didnt even knew his art or even his channel existed.Its my own creation from my own imagination yet my video was taken down.
    Yes..taken down..not claimed..completely taken down.
    I'm saying this again: I created that art from scratch from my own imagination without inspiration from anywhere else.
    Yet i get copyrighted? how does that work ? what can i do? i filed a counter notification but it didnt go thru and now the video is taken down.

  23. Honest, you got a strong point, besides, the more youtube claims money from creators without valid reasons and because of abuse, the more likely they are gonna quit, so basically, YouTube NEEDS us to make money, like u said, keep poking the bear, sooner or later, its gonna bite. The more people quit cause of these stupid copyright strikes, they are gonna ditch YouTube, this will effect both the user and the content creator. We have the upper hand here if you think about it. My English is bad but u get the point, I could be completely wrong, not gonna lie

    Ik I'm late BTW, stop the "Ur late" comments plz

  24. Michael John Paul Salazar

    Thank you for this. As an aspiring youtuber I am studying all these copyright laws because I don't want to violate any.

  25. LunaBallons ʕ •ᴥ•ʔ

    I have a copyright strike for nothing basicaly the vid was 7 sec long Yeaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

  26. accurate. great video!
    This whole youtube system is completely corrupted.
    Working with youtube has been nothing but headaches and nightmares.

  27. The company thing is really ridiculous because if viewers see that a content creator is using a product it shows that it might be a better product but if the video is taken and the content creator speaks up about it, people are probably less likely to buy it

  28. King Grey wolf The 2nd

    The copyright thing is bad –– i made a song and uploaded it and with in 2 days claim –– but notthing was from others only me…

  29. I just got a strike from FOX for making a filming locations video. I used small clips showing the locations then and now and credited the source. Isn't this Fair use? Any Tips? Plus, it's promoting the film if anything!!!

  30. Some people just keep abusing and bullying because they can without being checked. It, unfortunately, reminds me of what Dr. Ian Malcolm said in Jurassic Park: "Yeah, but your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should." Unfortunately, it's the same with a lot of other groups. And if I'm getting this right from what you've said in this and other videos, they really don't have a risk of any kind by doing so; they can only win, so why shouldn't they, eh?


  32. gaming with Evan the wolf

    Yes reviews are fair use but youtube can still shut down the channel if they hate on a channel becouse it looses not only youtube money but also the creator they are hating on and lose large companies money just beacouse they are related to that video and the youtuber who hated on the other creator.

  33. I’m going to copyright this video because my comment is in the comment section when I didn’t want to be in the comment section but I chose to comment in the comment section because I like to comment in the section

  34. Wow… I really don’t regret my decision on subscribing to your channel, Matthias. I’m so proud… wow.

    Anyway, I’d like to ask a question… if I did song covers on my channel with my OWN music (instruments) and my OWN voice, would companies or song record labels who are in charge/have anything to do with the actual music I did a cover on still be able to claim MY video?

  35. I did just watch through the whole video and, from what I can tell there haven't been any positive changes since 2016. Being more specific to this video and your thoughts, I mention the idea of getting big wig youtubers together and brainstorm/get lawyer help. Big names from different channels perhaps?
    Gameplay: Markiplier, Pewdipie, Jack Septiceye, Ryukahr
    Product review: you of course! : ), good mythical morning, Chris Ramsay
    reaction vids:?
    artistic videos: Draw with Jazza, @rKite92

    My point is that (like you said) WE ARE MILLIONS OF PEOPLE, millions of voices…. But, so far each voice has been speaking INDIVIDUALLY.

    We need a group of voices we need to be more interconnected than an account on the internet. Most of your millions of voices are withdrawn and in seclusion because, they want it that way. They are happy in the safety and anonymity the internet can and does provide. You are right in the video that, to get this resolved is going to take some gumption but, first we need to have:

    1. the base of people who are willing to do what they can
    2. a place to congregate for all the voices involved (doesn't matter whether it is a brand new youtube channel specifically dedicated to this or not, the point is that it has to be solely focused on this issue)
    3. After conversing and discussing the millions of voices NEEDS a method through which to act (IE: Lawyers/court cases, or perhaps strike movements…. There are other methods of action but, these are just a few.)

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