Where’s The Fair Use?

No more staying silent. The time has come to start some dialogue about Fair Use and how it’s constantly being trampled on via the YouTube claim and take down system. To clear something up before people mention it. Yes a Strike is placed on an account after a DMCA take down is placed, and the studios technically aren’t ‘giving’ the strike as it’s YouTube’s rules. The thing is, the studios at this point know that a DMCA take down = Strike with YouTube system in place, so they are giving you a strike. There’s more we want to add, but that will have to be for another video.

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About Doug Walker

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117 comments

  1. Wow, this is kinda surreal…

    • Great job getting YourMovieSucks and IHE in this video and deeper addressing this issue after the fiasco you went through for 3 weeks.

      It sucks that this bullshit is what made you leave YouTube for blip back in the day and now due to ironic circumstances, you had to go back to YouTube just to deal with this crap all over again. At least you have Vessel and Screenwave as backups.

      The movie studios are way too abusive of YouTube’s flawed and automated copyright system and this needs to stop.

    • “the creators”?
      how does he get off calling himself a creator when he exclusively makes jokes about other people’s creations?
      the midnight screenings thing is bullshit,but everyone else,it’s like,maybe come up with your own ideas?

  2. #WTFU. I’ve been watching you for years, Doug. I’m with you to the end. As somebody who’s suffered from this, too, I’m here to do whatever you need. We all are.

    • So am I. So much so that I’m attempting to spread the word via twitter. Like Doug said, this needs to end and it can only happen with everyone’s help. So if you haven’t already, please help and spread the message o\in whatever way you can, on whatever social media platform you can. The more people doing this, the louder our collective voices. The louder our voices, the better chance youtube will actually take notice. This fight cannot be won alone!

    • Where is the fair use – just ask Jim fucking Sterling. son. Nobody expects the English Jimquisition…

  3. THE CINEMATIC MIND

    All the most significant creators over the years have been screwed over by this. I call this The Savage System (After Derek Savage as example of the idiotic stupidity of this system). Satire and criticism should be kept forever, not removed. Both go together, I have a feeling a protest will take place this year. Amazing to see Adam and Alex here. I can only asked #WTFU?

  4. #WTFU Confused Matthew was going to upload all of his videos onto Youtube but this makes that impossible. Where is the fair use?

  5. My friend can relate 100% to this, his channel has been flagged constantly and he’s gotten tons of strikes for supposed copyright material even though he doesn’t claim the content in the video as his own, whenever he does a reaction review he states he doesn’t claim the content and the original content or video can be viewed down below, yet he’s constantly getting blamed and flagged for stuff he didn’t do.

  6. I’ve been watching your videos for more than 3 years and do not want that end. I hope more and more people will pitch in to help this cause. For Doug, the whole channel awesome team and youtubers everywhere, I ask, #WTFU?

  7. I haven’t used YouTube for years. This is crazy, but I had a similar thing with some music I used in a video, which was just me playing my rendition and it was taken down. Have you tried creating a new account (something along the lines of Dougs Weekly) and tried claiming against yourself? Someone said that if you are a claimant you get more interaction…I don’t know if this is true, but that’s what I was told when it happened to me. Best of luck guys #WTFU

  8. #WTFU indeed., plus that eff website looks very interesting.,,.

  9. Well damned said, Doug and company.

    #WTFU

  10. seeing I hate everything and your movie sucks! blew my mind

  11. This is wrong on so many different levels. Sadly, however, the only thing I think will work at this point is some sort of, and I’m loathe to suggest this, legislation. That’s the only powerful enough deterrent to Hollywood. If you want to try writing your legislators, here’s a way to find them.

    http://www.contactingthecongress.org/

  12. MidnightScreeningsman2014

    Ya why do these movie studios do this. Oh well eff.org Is a great company to spotlight for this week and I learned a lot of new stuff during this video and I gotta ask wheres the fair use and why are people in this comment section using #WTFU cause that kinda sounds messed up henced why I spelled it out up top instead of using the hashtag but I’ll use it on twitter.

    BTW,love that the horror guru is the featured producer love his work and would recommend his work to anybody he’s halirious!!!!!

  13. youtube used to be cool, and why the hell are these videos getting deleted off of youtube? There are full episodes of shows and full movies. Why is this getting taken off?

    • It’s all about the money, or in the case of the overly sensitive claimant trolls, it’s someone who thinks an opinion about a work will destroy or keep viewers from watching it

  14. Been watching your channel for years and I love it, it’s funny and entertaining and I hate how Bullywood can get away with this. I’ll stand behind all the way Doug.

  15. Brad Jones saves this entire website.

  16. Believe me dr.wolf and Lilly Peet know your pain Hasbro has gotten aggressive on hijacking ad revenue on videos using there media.

    • Ugh. Lily Peet said that Steven Universe encourages child soldiers, preaches heavily against sexualization in media while having written rapefics in the past, and tells other reviews to stop whining about their videos being taken down due to copyright while whining about her own being taken down. Screw Lily Peet.

      I agree with the video, though.

  17. Maybe it’s the people running the studios who use insane troll logic that they’re losing money when a fraction of a certain work is used and they tell the person that they should buy the DVD instead.

  18. I am a content creator who focuses a lot more on creating original content rather than stuff that would fall under Fair Use like reviews or satire. I’m not bragging, I’m not advertising, and I’m not nearly big enough for my opinion to be worth much (although I do have aspirations and dreams) but I wanted to use this comment section to say this:

    I solemnly swear that anyone who takes original content that I have created and uses it in such a way that is protected under Fair Use I will never complain or issue any form of copyright notice (hell, if I like it enough I’ll probably tell other people to watch it) and that I will stand by this promise as long as I live and long after I’m gone.

    Thank you Channel Awesome for talking about this issue, keep up the amazing work!

  19. It’s quite simple; these studios know full well you can’t possibly combat all of these claims, so they’ll keep doing it. It’s easy for a professional firm to file them often and they know you can’t take them to court over it without bankrupting yourself. Piracy is socially and legally the far “greater sin” than fair use, after all (How many PSAs do you see encouraging fair use, after all?), so things will not change.

    Furthermore, they know if channels rise up and try to combat them, it will lead to one inevitable conclusion: government regulation. In other words, the return of SOPA or something like it.

    I’ll just say you made a smart move creating your own channel.

  20. I said this in a previous video about fair use and youtube, and that is if you’re serious about having this addressed than you need to find someone that can address this to a much larger audience. The Internet has become the new generation of Public Access Television (for those who don’t know this it was created by the government as a means for people to come together and talk and share ideas and opinions without fear of being sued) and it should remain a media of fair use and sharing of ideas and opinions. We already have enough insanity in our society, we don’t need to keep building on it.

    • They need to resurrect Mr. Rogers. He spoke up for PBS, he spoke up for VHS, and, by God, if he were alive there’s no doubt he’d march in front of the Senate a third time and gently talk them all into agreeing that folks on the internet should be able to use their thoughts and words and imagination to start a discussion about the things they like and the things they maybe don’t like so much (but are still special in their own trainwrecky way).

  21. So, we all thought WTFU was What the Fuck, You? right…?

  22. I don’t feel as good as I’m watching this now. I think something definitely needs to change. I may be crazy, but I want the awesome back on the internet.

  23. So first of all, I think this Youtube thing is getting out of hand, and I really hope something changes soon. You’re right, a system where people have no penalty for flagrantly making false claims hurts no one but you guys (the reviewers). If a copy-write-infringer gets his channel taken down, no big deal, he can just make a new one, no skin off his back. The only people it hurts are you guys, the ones who have a recognizable channel that people need to come back to again and again.

    Second thing, site glitch or something that you might want to look into. An Alstate ad was playing on continuous loop throughout the review, I couldn’t silence it or even find the area to silence it. I eventually had to go watch this on youtube (ironically) as reloading the page didn’t help, the ad would just start up again. It was always the same ad, and I recognized the audio as one attached to a video, but I couldn’t find the video to mute it.

  24. Filing a claim on YouTube automatically gets you the monitization for a work? Wow, DMCA being used to CREATE piracy! Great work! It takes real balls to take a system and use it to enable what it was meant to stop. Full on theft. And automated take downs CANNOT be delivered in good faith. No algorithm exists capable of identifying fair use. No percentage of run time exists that defines fair use. Any automated process is proceeding in clear bad faith in violation of the DMCA. Crimes are being committed, and it isn’t by small time pirates.

    But its working as intended, rich douches are getting their way.
    Because YouTube has no balls.

    • But could YouTube be profitable if every video had to be reviewed by a human? And not having any review at all, human or otherwise, might invite lawsuits. And if YouTube doesn’t make a profit, it goes the way of Blip.

      Not that you don’t have a point, but this could be a damned if you do, damned if you don’t kind of thing.

      • Do forum moderators check every comment? No, they let the forum users send reports when there’s an issue, and they check what’s been reported.

        First Strikes should be reviewed by a human before any action is taken against the content creator.

  25. With all that have been happening with youtube lately, I just want to sit Youtube down and say:”Youtube, what happen to you? you use to be about the everyday person but now you can give too lick about us. There is a reason I stopped making/uploading videos for youtube. You guys just throw us with the trash and let us out for the birds while you irnoge the people that got you “popluar” in the first place. if you don’t get your act together i have a feeling something bad will happen frown emoticon and i dodn’t want that to happen. So plz start working with the everyday person beforesomething really bad happen ( expmple THEFINEBROS).”
    And that I would say too bad they are too high on their high- horse to see this :/

  26. 1) Whenever I think about trying my hand at video reviewing something like this comes up making me think twice.

    2) Have you ever thought about quitting YouTube in protest and taking your stuff to another site?

    • That’s the thing–with Blip gone, there basically ARE no other sites. Most other video hosting sites either don’t have an option to monetize your videos, or they don’t function very well.

      YouTube is basically a monopoly, and they know it.

  27. Wow, YourMovieSucks? I’d sure like to see him and Doug talking about Pixar together, I’d like to see how their thoughts contradict with one-another.

  28. Shouldn’t that be #WTFH – What The Fuck Hollywood? Or @WTFY – What The Fuck Youtube? Or am I thinking too hard about this?

  29. I think that not only this video should be spread out, but other content creators need to make their own versions with their stories and ask, “Where’s the Fair Use?” That’s just my opinion, but a lot of smaller channels who are still affected and are still having issues with their videos and channels, need to be more vocal about the situation.

    I’m glad that Alex and Adam have been featured in this video, along with Brad (knowing about his problem with not being able to have his Midnight Reviews of Smurfs 2 up). Angry Joe should get behind this too, seeing his history with gaming companies constantly taking down his vids.

    Ethan and Hila of h3h3 Productions recently had to deal with SoFlo Antonio and his representatives (posing as laywers or company execs), attempted to bully and harass them for “defamation” of what “their investment of their brand” was doing: re-uploading other people’s videos without their permission, while slapping Antonio’s smug mug at the beginning, and “licensing” those videos for profit (so, where’s the defamation if someone is doing exactly what they’re accused of?) Also, it seems like friends/fans/cohorts of SoFlo and Tyrone Magnus can’t differentiate (or choose not to? Or, is it just deflecting and denial?) between FAIR USE and using the entire footage, uninterrupted, just as stated in this very video, and in Grade A Under A’s.

    It feels like the incident with Doug vs. “John” from theroom.com all over again.

  30. Loki The Flame Shield

    I actually want to make video reviews, but because of the unfair and frankly illegal way Youtube allows companies to bully content creators, it just isn’t worth the headache.

    • It’s unfair but there’s absolutely nothing illegal about what’s going on here. This is just a case of a company becoming too big to handle the service it’s offering.

      Steam has the same problem with it’s complete lack of quality control with regards to the games it allows onto it’s storefront. It’s a complete joke but the people live with it because of it’s popularity and exposure on the market.

    • Question: This video pertains to video content under fair use. What makes music so different?

      It’s clear that any content producer big enough will completely avoid popular song clips from being played for over 7 seconds (I think that’s the limit)…but why?

      Why can’t you play 30% of a song as part of your parody in a Nostalgia Critic episode? Is this just the same fair use issue but one people have lived with because it’s less inconvenient than video clips?

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