Is YouTube Complicate in False Copyright Claims?

The Article

There are good players and bad players in the AV industry but it appears as late that more bad players are arising and today I want to raise awareness about The Orchard Music.  Due to the research I have done on this group, I believe not only is the group abusing copyright claims, but also that YouTube is complicate in their scam.

Why the Examination?

It turns out that this slimy company decided to place a copyright claim on my PCLInuxOS video.  Was there even music in there?  Well, yes, I used to test distros to make sure multimedia plays well, but I know better than to grab any old song from my MP3 library, so I went for OOLLDD classical music clips, and this one was from Vivaldi, and the song Spring, which is clearly in the public domain.  Of course, just because a classical work is in the public domain does not mean any given performance is also in the public domain, so where did I acquire my copy of the track?

To answer that question we need to go way back to high school and the local Ames Department Store.  They had a bin of cheap (like $2 cheap) CDs that featured nature recordings and classical recordings.  I know that is the source of the CD from which my track was ripped and that was sometime in the early 1990’s.  The best I can tell these were imports from a now defunct company which I can find no record of anyone holding the copyright, so in the United States, that would mean a defacto Public Domain (since this is no enforcement available).

Regarding the claim, The Slimy Orchard suggests that I stole the music from some group called David and High Spirit and an album called Flowers, Smiles And Laughter 8.  I have never heard of that group, but it appears he either covered the song or included a part of it in this specific song.

In all, this is a bogus claim and yes I am fighting it and hopefully raising some awareness about this company and calling out YouTube on their conduct with respect to these guys.

Why Accuse YouTube?

So if this is the result of an over-zealous music distribution center, why drag YouTube into this?  I think there are a few good reasons.

1.) This company has been at the center of bogus claims for at least seven years and it appears YouTube does not care.  It seems this has been a problem well documented on Google since at least 2011.  In this thread it is very clear Google and YouTube does not seem to care about the proliferation of false claims.

2.) YouTube has been made aware of this issue by many creators, and even again a gaming forum discussed this issue in 2014.

3.) YouTube has the ability to blacklist complaints from companies that repeatedly abuse the copyright claim system but they simply refuse to do so.

Solutions

In my opinion, the best solutions are those we can impose on the automated systems that scrub files.  First, we should input data for public domain sources so if the computer matches a public domain score it will indicate a ‘may violate’ instead of a ‘does violate’.  This will require more human intervention for music in the public domain.  Secondly, YouTube needs to put into effect a discipline system for repeat violators or fake copyright claims.  Creators have only a certain number of strikes and I think a strike system against copyright claimants would reduce the blatant abuse of the copyright system.  Let us collectively remind YouTube that, like creators, companies are also able to abuse the rules and it is time for them to step up to the plate and fix it.

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