Why we need DMCA (even though it sucks)

[@CalebHyles]

EVERYBODY GO TO JAIL

[@easygoingdude9990]

GET READY WITH YOUR BAIL!

[@bagodrago]

Restriction is necessary, but I feel like there's a pretty clear distinction between a 10 second sound byte of a movie/show and a person streaming the entire movie/show. Same applies to songs. DMCA was written for a society without internet and remix culture has become a large part of creativity in the online world. The internet has made it easier than ever for people to share content, allowing anyone with basic software to make memes, remixes, and review videos, all of which are heavily derivative content, but hardly affect the profit value a song/movie/other will have, if anything, it improves it. The way DMCA was written (as most youtubers and creators have complained about) assumed legal disputes would be between large companies, but since anyone makes anything now, the power is significantly in favour of the people with massive legal teams. This isn't just about who is in the right, even if you were to think all derivative content is wrong. As the system currently stands, big companies *always* win, regardless of who is right. DMCA as it currently stands needs a massive overhaul, but that doesn't mean we need to completely destroy it.

[@jumpupsupbarhorn]

We do in fact, need DMCA. But we need to regulate it in a way it's not completely abused and every case can be revised in fair conditions.

[@carbonmonteroy]

DMCA is the Digital Millennium Copyright Act. DMCA is itself a regulation. What we need is _reform_ for the _existing_ regulation.

[@DevinY1]

My issue with the Twitch stuff that's going on is the "Slap on the wrist" That twitch gave. If someone as small as me streamed copyrighted stuff I would be banned and not been able to come back.

[@kaymarx9677]

Derivative works are like performances of Shakespeare. You didn't write the play, but you can still make a new show out of it.

[@bagodrago]

I feel like the main distinction between streaming with songs in the background vs streaming with a show in the background is that if someone likes a show, they won't want to rewatch it whereas if people hear a song they like on stream, they'll want to listen to it again on their own after. Video games kinda fall between these two categories based on how story-driven vs gameplay-driven the game is.

[@Zangelin]

the problem is that its automated and the person doesn't actually have to claim anything. If the CONFIRMED owner of a piece of work actually had to go and click a button to claim DMCA on it that'd be one thing. But automated bots doing it for a million fraud accounts that don't even own it making it so people get DMCA'd on their own music and content? Nah.

[@psycho_dog33]

The fourth dimension was easier for me to understand than copyright.

[@shreeshayelameli]

Cool discussion and all, but I just wanna say congrats Jules on composing more for actual games! I’m really happy that you’re making it big out here, ya know? Getting that career bread, well done! 😄👍

[@CreativeMindsAudio]

I completely agree with your points. Personally I wish licenses in general were opt in (vs getting permission), not difficult to get, and based on the viewership you have. Currently there are a few sites that do this (pretzel rocks for ex), BUT it's not mainstream music and music people wanted. Imagine if part of twitch was paying a fee to use music. Derivative works still require $ to the creator with royalties.

[@funni_noises]

worst part is that on like KZbin if you get permission to use copyrighted content you still have like a 35% chance of getting the video taken down and possibly getting a strike. Since there’s always bots that instantly target those videos

[@Batmans_Pet_Goldfish]

It's like going to a movie with your friends. Lets say you're indifferent about watching the particular movie but the reason you're going to see it is to spend time with friends. Even though watching the movie is incidental, you still gotta pay for the tickets. Even though you are looking for an experience unique to that person, if that experience necessitates the use and distribution of a third party's content, that content is still owned by someone and they have a right to protect it (excluding CC and public domain of course.) Obviously fair use is an exception, but there's a lot that goes into that, but if you're just sitting there eating lunch and not saying anything and/or pausing to give commentary, a judge isn't going to look at your defense all that favorably.

[@parkerklinck263]

In a lot of the DMCA claims I have seen people complaining about in which someone is, for example, playing background music on stream, the movie analogy does not work. The background music is not meant to be paid attention to, but the movie is, and in fact it is not socially acceptable to go to a movie theater and do anything but pay attention to the movie.

[@RedMimicry]

0:22 to 0:33 This reminds me of something from many years ago. I don't remember what channel it was but someone made a video about how people were reacting to their content. For whatever reason it lead to them showing a guy "reacting" (i.e. watching) some show...while eating pretzels. No interest on their face either, just pretzel after pretzel as they "reacted" to it. Somehow I don't think eating pretzels counts as a personality.

[@NikFromm]

Jules: “How many times have you made c*m?” *looks at camera* Me: “Well, now I gotta add one. Thanks for messing up my math, Jules!”

[@SlyHikari03]

fair use/derivative work is a good defense. I’ve dedicated my whole life to nailing down a style I’ve heard my entire life. And tried to emulate their style and later morphed it into my own style. Ps. I’m all for Japan’s view of celebrating “derivative art”. And soundfonts come to mind. I don’t own any synths that sound like what was used on so why not use samples from the game’s audio data. Which I like the idea of.

[@trumpeter811]

I think the other part of the discussion is that certain people may they be from offline TV or elsewhere have gotten so big and may have so much money that i feel like even when they are doing something illegal people defend them cause they are scared of what they could do to them if they said " no pokimane your wrong and need to pay for it "

[@tomasavendanozacarias5205]

that japan statement is wrong Copyright law in japan is HARSH, see how nintendo dessired to eliminate all videos on youtube with nintendo stuff on them for copyright, the doujin acceptance is a cultrural allowance not protected by law just wikipedia it if you want

[@KazeMemaryu]

Right. Fair Use is straight-up not a thing over there. Which is why all kinds of reviewers from japan can easily get strike'd on KZbin. Hell, Hololive JP covers their asses and asks a lot of developers/publishers for permission to stream their games beforehand, otherwise a single valid strike could cost them a pretty penny.

[@SodaPopBarbecue]

Blame Sompote Sans for why civillians culturally don't trust fanworks, as well.

[@Username-zz7dz]

YYYEEEAAAHHH NEW JULES VIDEO

[@jaidora]

The biggest problem with dmca and copyright is what counts as fair use. You have a list of what you can and can’t do with properties that don’t belong to you but the common issues I hear are “this falls under fair use, I shouldn’t be in trouble for this”. Meanwhile doing things that absolutely are illegal like streaming full episodes of anime are rightfully penalized but we don’t talk about it since it’s ingrained into our minds that “if we want the real thing we have to pay for it or obtain it legally than for free online”.

[@Reksrat]

Really solid discussion tbh

[@jonboybluegaming]

I think DMCA is fine and is important but at the same time people shouldnt be getting banned/striked/video claimed because like 5 seconds of audio slipped into the video/stream. Like if you have multiple minutes or hours of illegal content then ok but a few seconds here and there is not worthy of a strike in my opinion.

[@wolvadvanced]

DMCA is definitely a useful and necessary aspect of media, but all of it needs to be adjusted so it can be simpler for creators and the general public to understand. Stuff like music, shows, video games, and many other things are works of other people, so they all deserve to have rights set on them. However, it's really unclear how to go about handling these rights. As of now, there's two set paths: 1) Don't talk about Anyone else's work. No book reviews, no music covers, no let's plays. Nothing but original stuff, which is possible, but makes YouTubing and being an influencer that much more difficult for the "Little Man" of sorts. On the other hand, 2) Just go for it and hope for the best. Just hope DMCA doesn't hit. But, when it does, you're screwed. Both paths just completely hinder what creators can do. Not only that, but it's very easy for DMCA restrictions to be abused and No One can do anything about it because there's so little about it. The most a creator can do is credit the original creator, claim fair use, and try to fight that the DMCA strike was incorrect. Feel there needs to be a whole overhaul on the system, cause it gives "creators" in quotations a lot of power to screw someone over and it causes creators that want to utilize the work to step Very cautiously with or around the content at hand. Maybe a system that lists creative works and details whether or not creators/companies are okay with their works being used, and in what circumstances, if they want compensation, or if they want their works avoided entirely for creative use. Though, this is very simplistic.

[@JomaXZ]

A lot of laws in general are in need of being updated to accomodate for constantly evolving stuff like the internet.

[@Spider602]

the thing with dmca is that it needs to be updated fot the modern age. also, it's real problem is people who abuse it on platforms like youtube and twitch filing frivolous and fraudulent claims

[@RKDxNT3000]

I think the DMCA is both a good thing and a bad thing. I understand why it exists but the document itself is outdated and needs to be updated.

[@creamyanddreamy4017]

I feel, in regards to music, new arrangements and covers should be permissible if the original source material is referenced and the original artists are credited. Too many broad rules and no actual exclusions to them. I'd like to cover stuff on guitar and upload but im scared. :p

[@ionamorwenna5564]

Is the 24/7 stream of Bob Ross on Twitch still going?

[@gavinli1368]

IT’S FUN TO STAY AT THE… D-M-C-A!

[@rennekiin]

5:30 oh hey that’s me

[@KazeMemaryu]

I think DMCA as a whole needs to be revamped. It may have a legal foundation, but it's full of holes, which end up getting exploited constantly. The most prevalent is the horrible DMCA implementation on Twitch and KZbin, which is where most people form their opinion on DMCA. If anything, we need a proper foundation on Fair Use that actually permits creators to base stuff off of other works without running the risk of a lawsuit each time.

[@echocrashcraft]

Dry n Glide baby

[@LOVE-iv2pw]

DMCA > NFTs by far. I’d take a valid yet flawed attempt to protect creators over a not even trying cryptoscam that fucks creators over ALL the time.

[@longliverocknroll5]

But that’s entirely a false dichotomy. DMCA is shit regardless of the obvious NFT scam.

[@gdttdeggegdh5471]

We don't have to choose.

[@newpancakeman]

How I look at a notification while I’m watching the video 👁👄👁

[@randomallryu2456]

Wait. Was that Ultra David?

[@CinnamonOwO]

DMCA needs adjusting, that's all

[@Wolfie15]

BEARD JULES

[@phillipmavronicholas5904]

I love the jacksfilms edits 😂

[@bartvansliedregt5482]

Yes dad

[@Reksrat]

It's less about dmca itself being shit but the way twitch/KZbin handle dmca claims is kinda shit. Like yeah you shouldn't be streaming full episodes of shows but there's a line between that and fair use and sometimes claims get abused.

[@whiteeye3453]

No really dmca is more about claiming work from someone else, not using his work in your art if that is problem then after you used some things from other in your work you should at leat give info were it come from

[@funni_noises]

Problem with that even if you say I do not own this go to this person to see it yourself. They still get punished just as fast

[@misterdoctorheych7396]

it's illegal to be this early

[@Exspazament]

It's not necessarily porn. Lmao!!!

[@JackTheDripperr]

Jules is cute

[@VCofdaG]

Yeah, I gotta be honest to ya dude. I disagree with this a lot. Like, a *lot* dude. This is not one of your best takes.

[@JulesConroy]

I'm open to disagreements, but calling it a take makes it like having an opinion is a game you can win or lose. The solution to DMCA needs a conversation.

[@Zangelin]

@@JulesConroy How is playing music on a stream different from playing a game like Mario 64? I get your argument for TV shows but music? If anything it would make you wanna hear that song again right? And theres a streamer playing/talking over it usually. It becomes transformative much like these videos about Mario speed running and your commentary isn't replacing the experience of playing Mario 64.