Saturday, November 3, 2012

YouTube Discrimination or Witch Hunt?

I was surprised yesterday with a letter from YouTube stating that a video I had uploaded was on copyright infringement and they had removed it.

They continued with stating that I was given a strike against my account and two more strikes would permanently delete my account.

The video was a teaching video used to help explain a subject matter regarding energy and a minuscule portion of the kiss scene and his leaving, in the movie Ghost, was used to emphasize my point.

In the Fair Use Act, my understanding was that people are able to use a small portion of other's work without getting permission. It was not the entire work being used and I was not profiting from it; even though that can be done and has been done from people all the time using quotes, etc. ... within their written or video works ... with or without giving credit for said use.

"Fair Use: Under the fair use rule of copyright law, an author may make limited use of another author's work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism."

I did have this statement on my videos where portions were being used within the context of this law, however, I guess this doesn't mean anything when the meaning is being misinterpreted ...  Note: The video is being used based on the "Freedom and Innovation Revitalizing United States Entrepreneurship Act of 2007" (FAIR USE Act). This channel is a teaching channel. I do not own the rights to said video but present it for the benefit of teaching only.

Anyway, to continue, as I stated, I wasn't profiting from it, I do not make money off of any of my videos, even though YouTube has sent me notices to do so. I did monetized a few of my personal videos but removed it because they kept saying my channel had been sent an email denying monetizing of my videos and after a few failed attempts of trying to find out where this email was or why I never received it (with You Tube and having no response), I deselected the few that I had set up to monetize. After all, if they are going to profit from it but not pay me, why bother?

Then I was thinking - wait - why are others being allowed to put videos up on YouTube using the exact same scene or other scenes of said movie? Why are they not being told they are in copyright infringement? Why are these movie portions still on YouTube? There are some channels that place full movies up. Are they being told they are not allowed to do this? If not then why not?

This made me start thinking, was it because of the portion of the movie I used to teach ... to get my point across ... or was it the subject matter I was teaching? Is this another form of a witch hunt in the 21st century?

After all, if they are singling my video out and deleting it, without deleting others, this would be paramount to discrimination and legal action.

Even if someone did a witch hunt, whistle-blowing on my video that should start a chain reaction within their organization to deleting others of the same venue, but I haven't seen it.

I deleted the video to protect my account and will do so with a couple more videos to protect myself and my channel for all my other videos still there. Yet, that leaves an unsolved question in my mind ... discrimination or witch-hunt? Does anyone else feel this way?

Maybe I'll go ask Patrick Swayze. ;)



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