Where’s The Fair Use Progress

To submit your stories of purchasing content after seeing someone talk about, cover,review, remix or play it.

Go to https://www.takedownabuse.org/

While the comment period for letting us know about how you purchased something after watching a video is valid for 19 days, the first round table will be on May 2nd. The more we have by then the better! Thanks!

This video was filmed before the YouTube announcement about changes that they will implement to the contentID claim system.

While the side account for monetization claims is nice and something that we and others before us have pushed for, what’s to stop the claimant from just saying, “Nope still ours!” and taking the money forcing us to dispute a claim and then risk a takedown/strike?

These false claims still have no repercussions, and while this change could be good, it could also go into a horrible new direction. False claims can now get money during the dispute, and then the claimers can chose to not release the claim and steal more money.

Before they made no money during the dispute, now a side pot of money is theirs for the taking.

For those just joining us here are our last few videos on this subject:

What the Hell YouTube?
https://www.youtube.com/watch?v=bC3NIdiZF_E

What the Hell YouTube? Part 2
https://www.youtube.com/watch?v=xFlgx2LTdeY

Where’s The Fair Use?
https://www.youtube.com/watch?v=zVqFAMOtwaI

Save Fair Use Now
https://www.youtube.com/watch?v=NoIL5qUI1p8

The We’re Zombies Article
https://torrentfreak.com/copyright-group-likens-massive-dmca-abuse-protests-to-zombie-apocalypse-160409/

Hack The Planet Apparently
http://www.huffingtonpost.com/william-buckley-jr/artists-lives-in-the-bala_b_9683476.html

Take Down Stay Down or How the RIAA wants to destroy the Internet

http://www.takedownstaydown.org/
What the RIAA is pushing to destroy Safe Harbor and Fair Use
Notice that the submission form on this site is straight automation, not even a place to read a comment. But, we’re the zombies.

About Doug Walker

Creator of 5 Second Movies, Nostalgia Critic, Bum Reviews and more.

37 comments

  1. TheIdiotAlchemist

    Amen to that. Claiming that reviews and the like hurt sales? Bullshit. I can’t even count all of the things I bought because I saw a review of it that made it seem interesting or an AMV of a song that I didn’t even like before that made me listen to it in an all new way and want to have it, etc. Hell, even movies that got negative reviews I bought because, despite the fact that it did nothing for the reviewer, it looked like my kind of movie (and thankfully usually was). The movie Perfume: The Story of a Murderer that Kyle thought was silly? Turns out, that was exactly my kind of silly, reality-be-damned movie. See? Even negative reviews can have a beneficial impact on the movie. He also inspired me to get The Fall, which I would have never heard of if not for him. These studios need to calm down and accept the reality of the internet. Yes, putting up entire movies and shows is wrong and is stealing, but using portions for reviewing or to create something new is not and doesn’t steal money (unless the content in question is obviously shit and shouldn’t get a dime). People will pay to make sure that the content they enjoy will continue to be created. Patreon, anyone? I don’t even need to be a patron to enjoy my favorite content, but I do it anyway to support certain creators with what I can afford because I want them to keep creating and to be able to live their lives. I cannot afford to spend money on going to the theater (which is ridiculously costly nowadays) or buying a video game or the like unless I’m sure I’m going to enjoy what I’m about to get. I rely on reviewers who see or play them ahead of time to keep from wasting my money. Even if they have different opinions than me, I can usually tell if I will like it or not by things that they mention. The studios are just pissed that people don’t have to gamble anymore and give them money for things they may or may not like.

    • Ha! I’ve had the same experience, just as many negative reviews have encouraged me to see a film in theaters as positive ones. I loved Green Inferno, and saw it almost immediately after Brad Jones gave it a lack luster review in his midnight screenings series.

    • Ps, I also greatly enjoyed Perfume. Just my kind of morbid silly too.

    • Let’s stop this abuse together.
      To quote Braveheart :”FREEEEEDOOOOMMMMM”

    • I don’t buy a game without watching a Let’s Play of it first. If I don’t get bored after ten minutes then the game is probably fun.

    • I can give countless examples of stuff I only developed an interest in because of reviews. For example Animated movies I would have never heart of if not for Animat covering them. I most likely wouldn’t have watched Fury Road if not for every reviewer out there recommending it and showing some really nifty clips to go along with it. Hell, I can even give examples of outright copyright breaks which work in the favour of the original copyright owner (most of the related to manga and anime series which would have never gotten any attention in the west if not for people subbing the stuff and making it available for a new audience which then lead to an official release of said property in a new market). Hell, I nowadays go more often to the theatres than I used to (there was a time at which I would have perhaps go to the yearly Disney movie but not to anything else), because I am now so much better informed of what movies might work for me and which won’t.

    • The problem is that their sales ARE hurt, but only because they refuse to change with the times so they choose to point fingers to anyone other then themselves. The entertainment industry is infamous for being behind the times – every technological change was spelling doom for them. Sound in movies, video tapes, home entertainment systems, internet… it’s never a potential to tap into, it’s always a new enemy to fight against. And they will just keep throwing money at the problem, money that will inevitably end up in very sleazy pockets. What is worse, the only way the public can “punish” them is stop consuming their products.. which they will again blame the piracy and internet videos for. It’s a neverending circle.

      Man, it must be hard to be a multimillionaire entertainment industry mogul.

  2. Yes, copyright holders need to be protected better, OF COURSE they do, the internet pirates mercilessly. But that can’t can’t CAN’T come at the expense of the rights, and speech and creativity of others. The law doesn’t need a take down stay down amendment, it needs to be completely reworked to protect both sides better.

  3. Maybe if this blows over… they’ll be less clipless reviews? I know, I know. I’m a bit of brat. 😛 Also, I know that personally, I checked out Moulin Rogue because of your review on it and now it’s one of my favorite movies. I don’t know if I want to get involved though.

  4. This is GREAT news! I’m surprised that YouTube took up Doug’s suggestion to keep money in escrow while copyright claims are being handled. We CAN change this broken system! #WTFU

  5. Letter written.

  6. The people who say us voicing our opinions is a cyber attack are as bad as those jackasses who see any movie that contains ideas they don’t agree with as indoctrination. (Like the environmental message in Happy Feet. I mean, for real?)

    I’ll be honest, I can’t really think of any specific examples of consuming some media after a review, although I know there’s a few movies and a couple games where a review was the final tipping point for the sale. And I can 100% PROMISE that there is nothing I chose NOT to consume because whatever I watched satisfied me. Although there are certainly things I chose to avoid because I didn’t like what I saw, but that’s not really the reviewers’ fault.

    Once I watched a cutscene ‘movie’ of The Last of Us because I knew I wouldn’t really enjoy the gameplay enough to want to play the actual game. I would have done the same with Subspace Emissary from Smash Bros if Nintendo hadn’t been so pissy about it. ATTENTION GAME COMPANIES: IF YOU DON’T LIKE PEOPLE UPLOADING SCENES FROM YOUR GAMES DO IT YOURSELF AND ATTACH ADS TO IT! I would have had no issue sitting through a 15 second ad between each part of Subspace Emissary!

    Finally, if something is not available for legal sale, leave it alone or MAKE it available!

    • “Finally, if something is not available for legal sale, leave it alone or MAKE it available!”

      Damned right about that, how can they claim lost revenue from something they refuse to sell in the first place?
      As far as I am concerned illicit copies should be automatically considered legal so long as official copies are not available. Whether it be because its a 40 year old film that hasn’t been released on DVD, a TV series that only ever saw American release and so is denied to the rest of the world, or just they decided to wait an extra 6 months/forever before releasing in Australia.

  7. That’s good news, it’s good to see Youtube taking our concerns into account… but we can’t stop here! We gotta keep on pushing until they respond! #WTFU

  8. I just had a thought I didn’t include in the letter I wrote, but I thought it might be worth mentioning. I have advocated watching Let’s Plays rather than buying a game. The one case where I have actually tried to persuade people to do so has been Telltale’s Game of Thrones because the game is bad but the story is worth watching if you’re a fan, and there’s a huge fan base. If Let’s Plays didn’t exist, though, I’d be advocating that people read summaries or using some other content to fill the void. It’s not the Let’s Plays that are hurting sales, it’s the fact that the game sucks and is one of the biggest representatives of false advertising that’s been released so far.

  9. Yeah, the Liberal establishment often resorts to name calling and claiming victimization against themselves when you voice a legitimate complaint to them. The biggest DMCA abuse comes from the MPAA and RIAA both of which are organizations that are staffed with Liberals and protect the interests of studios that are again full of Liberals. Then again this isn’t much different than what Harmony Gold has been doing with the Macross franchise even though it had time and again been rules that they have no ownership claims to the series at all and never have had any claims to it other than distribution rights which BTW should have expired by now.
    But enough of that, I support chaos as freedom and order as slavery, I support anarchy in most ways but not all the ways, and all of that stands 100% against Liberalism which demands for big government with unlimited control and everyone simply knee-towing the rope to them.

  10. It is worth to remind that when Megaupload was shoot down it cause visible decrees in sell of movies and similar products with only small increase in case of AAA movies and similar products. And that was full fledged piracy side! That case in fact impacted industry stoping DRM Hell.. and anyone still dare to say that reviews decrease sells? Were show-business rule that “no matter what they say, it matter that they say”? Growing attention help and it lead even to creation of “so bad that good” types of products. It would matter only in case of high art, but seriously.. that one is still niche. Why I’m not surprised that RIAA is behind that? It is one of most outdated and backward media industry ever!

  11. So more talking, no actual changes, and the companies who have billions and billions of dollars to spend already starting to launch PR campaigns against you. Sure that will work out.

  12. Doug’s response to Game of Thrones was surprising enough to me that I decided to buy the first book and give it a go. I’m now collecting the series on DVD.

    And thanks to Linkara, I’m now a regular comic reader, especially of the big two publishers most likely to abuse the DMCA.

  13. I bought Guild Wars 2 and South Park The Stick of Truth thanks to Angry Joe’s reviews on them.
    Really glad to see we’re making progress on this, and actually see what an effect it’s already taken.
    May will be an interesting month for sure.

  14. TheSuicidalTeddybear

    #WTFU

  15. Glad to contribute to #WhatTheFuckUtube. After seeing two vids about Disney adapting “Alice in Wonderland” (the animated movie, of course, one of these on Channel Awesome), I went ahead and got the movie on Blu Ray. Fun to watch while drunk!

    Also this propaganda campaign that calls reviewers “zombies” reminds me of the corporate satire found the “Songs of Magic” book series I’m reading (a review of which I’ll put on my Youtube channel soon).

  16. I like how this site has gone with rationality, where Jim Sterling, who has just broke the system have them fight it out.

    Even when something is crap, a vidoes about it still help sells, becouse people just have to see for themself how bad it is. BUT without any videos about it, all we have is a short text saying something like it is crap, unplayeble, dont buy, and nothing tell people how crazy shit bad it is, so no one giv it a second look.

    When publishers say videos about a product hurts sells, I think they are talking about a product that is either good or bad, just boring, but has been hyped to be the new best game ever. Becouse if all people hear are paid adds/trailers/reviews, then yes it probly hurt your sells if someone is honest about you product, but this shoud not be unlegal to do, but publishers shoud be hold to account for the product they sell. Only in software/movie/music is this allow, I can not sell a old bicycle as a sportscar without getting in legal trouble.

  17. This is actually one of the websites that I go to for information about new movies other than Red Letter Media. I’d attribute most of the recent DVDs I bought to videos like this.

    • Robert Bateman

      Yonagonaf just recently returned to Canada.

      I was living in Japan.

      I have 300 DVDs.

      There were DVD sales everywhere.

      This is because BLUE RAYS were about to be introduced.

      I do not know where Blanchimont lives.

      Does the country that you live in use DVDs or BLUE RAYS….?

  18. Comment has been left.

  19. The Mysterious M

    Reviews hurt sales? What a crock! I can name 3 instances for me where that did nothing of the sort:

    *Nostalgia Critic’s Old vs. New: Manhunter vs Red Dragon review. After watching this review, I rented BOTH movies on Amazon. After watching them both, I went and bought a blu-ray of Red Dragon.

    *Doug’s Top 10 Hottest Women review. Along with a couple other mentions he made in other reviews/ vlogs/ sibling rivalries, I finally went out and rented “The Great Race.” After renting it, I found I liked it enough to buy a blu-ray copy.

    *Sage’s Cowboy Bebop review. Yeah…that’s pretty much the end of it. I own the series now.

  20. Submitted stories. My best example was a little-known movie called Triangle from 2010. Phelous did a very funny but very negative review of it, and portrayed it as a hot mess. One of my favorite reviews in creativity that I watched several times. But reading a politely dissenting interpretation in the comments made me very curious, and I sought out the movie to buy it and watch for myself. It is now one of my favorites, as a retelling of the Greek myth Sisyphus.

  21. I have only 2 subscribers and most of my videos get 0-2 views with the rare 10 or so on one of them.

    I have 5 longstanding claims. From “Arista” “Reprise” “Channel: Eyewitness -Official Channel” “Telarc” and “Reprise” again.

    But I leave them there. TO show the world that my crummy channel, that I haven’t even picked the option for monetizing my own videos, have been claimed and monetized by the claimants.

    Wow! Desperation at it’s finest, I say.

  22. 1) Bought 7/10 seasons of Stargate SG-1 due to reading fanfics
    2) Call of Duty (2 titles) because of parody songs by Lottie (https://www.youtube.com/channel/UCiGKdw8X53rSqzJiLeL34Gw)
    3) Rewatched Cowboy Bebop on a legal stream thanks to a Top Ten video by Anime America (https://www.youtube.com/watch?v=ev7stMgbzEY)
    4) I’ve also gotten other people interested in shows/movies thanks to fanfics I’ve written.

  23. I just go to the library and rent movies. It’s free, but I review them on the IMDb. I guess that counts as promoting. You made a lot of cuts in this. Why is that? Your other out of character videos don’t do that.

  24. I actually watched Robocop 3 on youtube before buying it on DVD. Not even close to “fair use,” that.

    Youtube is not the place where one generally sits through a movie. Even if it is half-way decent.

  25. Good luck to you guys in NY tomorrow

  26. (Copy of what I sent… For extra feedback-sharing, I guess ?)
    —–

    (From Quebec, Canada)

    I watch a lot of let’s plays, whatever they were well or badly done, those led to a good few purchases.

    I can recall, a long time ago, some let’s player on Youtube playing the old ‘Evil Genius’ game… and he was horrible at it. Amusingly enough, from frustration, I decided to go on the Internet and find a website still selling it, namely GOG.com, and play it for myself.

    Much more recently I bought, like in the last year, the game ‘Life is Strange’ and the ‘Heroes Rise’ series (3 games + DLCs) after watching Youtube videos from just 1 Let’s player.
    ‘From the depths’ and ‘Galactic Civilization 3’ after another Let’s player.
    ‘Don’t Starve’… The whole ‘Bioshock’ series (3 big games + DLCs)… ‘Borderlands 2’… ‘Hands of fate’… and most probably a few games I had doubts on, but bought because I *became* interested enough in them, after watching others play it and enjoy it.

    Disc version, STEAM version, all sorts of games.
    Now these days, games are kinda an (entertainment) investment, and one can’t always trust ”Official sources” to be entirely honest… So, being able to ”see first-hand” how much ”every day people” are enjoying, or struggling with, a game gives me (the person with money in my hands) a much more reliable and *relatable* feedback.

  27. I bought a lot due to Lets plays myself. Five Nights at Freddy’s, Star Valley, heck, that is how I see if a game might be interesting to me or not, regardless if the game might get a bad score or a good one. Heck, I purchased a song because it was a reviewer’s (part of this very site) intro song, and found an Anime I loved from reviews and such.

  28. Well after I heard Linkara play a DragonForce song in one of his endcrawls I went and downloaded their entire catalogue I liked it so much.
    I’ve also watched a number of movies and television shows on the advice of the reviewers here.

  29. I *rented* Steven Spielberg’s Duel, House (weird Japanese movie), Frozen (the ski-horror movie), and Brain Damage after James Rolfe mini-reviewed them. Don’t think I’ve ever outright PURCHASED anything on the recommendation of an online reviewer, though…

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