Is the DMCA one of the worst laws that have been passed in the last 50 years? Every day it seems to be clearer that it is, since more than having served its original purpose, that is, to ensure the owners of content protected by copyright against an incipient Internet piracy, which began to emerge at the end of the 90s and early 2000s,, is proving to be a great tool for uses, to say the least, questionable.
Examples of it? For example, GitHub’s removal of the YouTube-DLsu source code, an extension that allowed YouTube content to be downloaded or its use to remove uncomfortable opinions, not to mention the abuse of rights managers, who are the ones who decide what is and what is not fair use, in many cases contrary to the definition of said concept itself. The wolf to take care of the sheep, that is what the DMCA allows, and that is why the abuses have come from his hand, which nevertheless seems that in the end they begin to persecute each other.
Be that as it may, you may remember that a few months ago we talked about a trend, and it was use copyrighted content to avoid “awkward” recordings under the DMCA. We can talk about its effectiveness later, but today The Verge has echoed an example of this, in a video in which we can see how a policeman, in a discussion in which he is being recorded, takes out his mobile phone and starts playing a Taylor Swift song.
«You can record anything you want. All I know is that it cannot be published on YouTube, “we can hear the policeman claim after starting to play Taylor Swift’s music that it is obviously copyrighted and therefore protected by the DMCA. And what is the agent after? What ContentID, the system used by YouTube to detect protected content Identify the song, and send notice to the copyright owners to act at their discretion … as I said, courtesy of the DMCA.
And no, It doesn’t escape me that the video is uploaded on YouTube, so it seems that at first the strategy of the police officer has not worked, but we must remember that the content protected by rights is not blocked automatically. At first, when it detects the content, it shows a notice of it to the owner of the channel, stops the monetization of the video and waits for the owner of the rights to decide what to do.
In other words, it is possible that this video will disappear in a few hours, that it will disappear in a few days or weeks, or that the rights owners decide not to block it and that, therefore, the action of this policeman has been useless . However, from the moment you use this system, it makes us think that it must have worked on some other occasion, and even they may report the video to YouTube themselves for the protected content. Another example of abuse, or at least attempted abuse, of the infamous DMCA.