Are "I don't own this content" notices on Youtube videos pointless?

[brassplyer]

Wasn't sure where to put this.

There's lots of content on YouTube where the uploader adds some variation on "I don't own this content, no copyright infringement intended". My first impression is that these notices are silly - obviously everyone knows that you don't own the content - my sense is it in no way protects them as far as a copyright claim if the owner were to choose to make an issue of it.

Or am I mistaken? Is there some valid reason to put up such a notice?

[Cornucopia]

I am not a lawyer, but agree: SILLY, waste of time & effort, no meaningful protection from lawsuits.


Scott

[ChasVideo]

It is just as important as the Do Not Remove This Tag notice?
I assume there is some protection from adding this. Without it, they can pretend you are saying that you created this content? That you own this?

[johns0]

The person saying he doesn't own this and posts anyways should be sued if he posted a copyright video,saying he doesn't own it just states the fact that he should be charged if it's illegal.

[manono]

Is there some valid reason to put up such a notice?

None at all. The people doing this seem to think it'll protect them from copyright claims. Of course, it doesn't.

[lordsmurf]

Those stupid disclaimers go back decades, nothing new.

At most, it serves as an acknowledgement of potential wrongdoing, nothing more. So they're digging a deeper hole for themselves. I've seen this play out before, in the trading community from decades gone by, and it didn't end well for some folks.

It's been some years since I saw these, I thought it'd finally faded away. Too many Youtubers are idiots, so I'm not surprised whatsoever.

[sophisticles]

https://www.copyright.gov/fair-use/more-info.html

https://www.copyright.gov/title17/92chap1.html#107

107. Limitations on exclusive rights: Fair use

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

This is why you will find videos on Youtube with a few minutes of commentary at the beginning.

As long as a profit isn't being made, and you add commentary, a claim of Fair Use under the U.S. Copyright Act can be made.

This doesn't mean that someone, even someone that wrongfully claims to own the copyright, can not or will not file a DMCA take down notice and Google honoring it.

[Cornucopia]

Agreed, but a short disclaimer such as mentioned in the OP wouldn't sufficiently constitute "commentary" by any stretch.


Scott

[DB83]

"As long as a profit isn't being made"


Copyright Law is a minefield.


But surely, even with commentary, if the channel is monetized, and often the whole purpose of such uploads is to get views and reward, that fair use argument fails.

[Gramps]

Yeah, if the channel owner at any point in the video asks you to buy their book, merchandise, make donations, etc. then the content owner considers that the channel owner is using their content as part of an advertisement. To them, it is the same as using a Bob Seger or Led Zeppelin song within a TV ad, or movie, without paying the artist for the right to use them.