YouTube Mute’s Sound, but the DMCA Mutes Dissent
There’s been a lot of talk about YouTube’s post on killing sound on videos that use copyrighted music. People are complaining that it’s making things more restrictive over there, but the fact is, they will already take down your video if it it uses anything with rights reserved if someone complains.
From what I understood reading their blog, it seemed like YouTube was trying to take the lesser evil, simply muting instead of a takedown for what is already and offending piece. Somebody has to complain,say the music’s theirs, AND that they don’t want it used, before YT mutes it. Many music authors or performers won’t complain because things like Rickrolls are promotional. They could complain mind you, but they get something out of it, so why bother.
Films that use music for some type of critique are more vulnerable. The real problem, is the DMCA, which favors established folks with deep pockets. A complaint puts all of the burden on the person using any music, many of whom are kids or struggling artists. Complaints can be filed frivolously, at a whim. Satire is a particularly vulnerable area because it is often critical, and there is a grey area as to what should be considered fair use. If you see something uncritical or unflattering of your music, that uses a piece of that music, just complain. The complaint will probably be stifled unless the person wishes to defend themselves. If they are poor (and aren’t we all these days), they probably won’t. This is a mute on free speech that squashes dissent.
