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2014年10月11日 (土)

Dubious copyright infringement warning and resolution process on YouTube

   My upload of Omagari firework performance received warning from YouTube that certain copyright holders complained the music hearable in the movie is identical to the complainers copyrighted music. It was a piece of music from the famous Nutcracker suit, popularly titled Flower Waltz.

 

   After recovering from a shock receiving unreasonable complaint, I responded with a request against such complaint, asking the complainer to confirm that it is already well-educated and aware that the music itself has no lawful copyright at all.

   Moreover, I begged in clear Japanese to be proven of the copyrighted "performance" of the music is identical to the music mortally hearable and difficult-to-identify in the movie, because the YouTube detection is proven erratic in discriminating similar performances of the same music.

 

   I am an honest law-abiding citizen. If I by mistake have chosen a copyrighted music to appear in my movie and the complainer is proved to be right, I without delay shall regret my mistake and withdraw the complained ones.

  I however cant accept unproven complaint as an honest law-abiding citizen. I feel I deserve proper procedure to accept reasonable justification. I must protect fellow movie takers from unreasonable copyright infringement warnings.

 

  I wrote in Japanese with intended request as follows:

1. Despite my prior request to advice details of the issuers' complaint, one of the issuer persistently and silently withheld the complaint.

     Claiming copyrights without declaring the details and backgrounds is to my opinion unreasonable and unlawful. At least, the issuer is expected to clarify and prove scope and lawfulness of its claim.

 

2. YouTube has a mechanism to pair streams of music and detects streams of "seemingly" identical flow to tell they are at least partially identical.

   The mechanism seems to put extreme emphasis on finding likeliness. Such sensitive mechanism could be effective and reasonable in finding contemporary music with effective copyright.

   However, it causes problem in classical music with expired copyrights. Several different performance of the identical classical music piece are prone to false judgment, because performance based on the same music score usually sound alike unless intentionally performed with significant deviation. Such deviation rarely takes place on music pieces for popularity, such is the case with the nutcracker pieces.

   Among hundreds of similar performances, how could the issuer discriminate the source of the music in the claimed movie? I am yet to be instructed.

 

  I strongly believe that Claiming someone's movie to be deleted from YouTube uploads must be performed lawfully and must have prior declaration like legal warrant and justification to the victim.

 

  Above-mentioned misunderstandings took place on other movies with classical music. I reasonably assume that YouTube now is aware that such misunderstanding takes place in classical music, but it shows no appreciation, which is quite unreasonable for the organization with reputation and authority.

 

   I am begging YouTube please to wakeup and accept the duty to defend us from unreasonable and uneducated complaints.

 

*Above is not a word-to-word to translation of my request sent to YouTube. The request format has word count restriction and I do not know who is reading on the other side.

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