This week as I was wading through my emails I noticed one from Youtube which I thought was strange as I normally only get one email per month from Youtube at the beginning of the month.
As it turned out it was an email to scare every Youtube user about a new European Union Directive trying to regulate online service providers like Youtube.
At first I thought maybe Youtube has a point but then I read on and noticed they are simply threatening to automatically block all content in the EU instead of actually dealing with the issue at hand!
Youtube’s Scare Tactics
The way Youtube was acting made me highly suspicious so I decided to do a bit more digging.
My personal opinion about Youtube is that it’s great to watch programs and listen to music for free, but if I was the creator of those programs and I was getting nuffall for my hard work I would be pretty pissed off about it too.
Here comes in the European Union, trying to stand up for the rights of creators, like musicians, videographers, photographers and so on.
The EU Proposal – Article 13
The EU’s proposal is that if someone like myself decides to create a video and upload it to Youtube, I should do it using only legally obtained material or material for which I have paid the copyright fee to use.
Also, if someone on Youtube uses my content, I should still get paid for it.
If this is not possible or I as a creator decide to just rip everyone off and use all sorts of music, videos and photos in my own creations, then Youtube, as publisher and online service provider, should take full responsibility for it.
This works the same way in the regular media. Unlike in the anti-social media, if I was to print something in a newspaper with copyrighted material and say I was slandering someone, not only me but the publisher of the content would also be legally responsible for it.
Youtube’s “bookstore” comparison is complete non-sense, because the bookstore is not the publisher of the books, unlike Youtube that publishes online content even though it’s not the creator of the content.
Clearly, Youtube wants to draw in billions of people to watch all their online content which is dotted with millions of hours of adverts (for which Google and Youtube rake in billions of $$$). In turn, they want to take little responsibility for the content or to look after the copyright holders.
Equally, Youtube is blatantly clear that it would be IMPOSSIBLE to control what everyone uploads! How on earth would you be able to find copyrighted material among billions and billions of hours of already uploaded video content?
What’s more, people upload millions of hours of content every day of the week, so it is an impossible task to monitor it all.
But that is exactly what the European Union is proposing and Youtube knowing this is impossible is now fighting tooth and nail against it.
#Saveyourinternet
Youtube says things like this now:
- #saveyourinternet or
- Article 13 – There’s a better way or
- “YouTube will be forced to block the vast majority of uploads from Europe” or
- “Creators would be especially hard hit”
Now let’s examine what I think Youtube means by these.
saveyourinternet = #saveyoutube so we can carry on making billions of $$$ as we have been for years, unregulated
There is a better way = we have no better solution, so please just keep it as it is
We block everything = We can’t be bothered to find a solution or invest any money because that will…wait for it…cost MONEY!
Creators will be hard hit = Yes, when Youtube blocks content it will also block all revenue, hitting creators!
My View of the Situation
Before I go any further, here is what the EU is actually proposing in a nutshell. You can actually read the entire document to see the word for word quotes, but I imagine 99% of people are not interested in the detail (thinking of Brexit…). That would be too much hard work.
In the verbose EU text they call the likes of Youtube, Vimeo and so on “online content sharing service providers” or “information society service providers”.
Now, these information society service providers, like Youtube, rake in billions of $$$ for adverts which appear in the middle of your videos. These videos which you are watching on Youtube – because you can’t be bothered to pay a subscription fee on Netflix or BBC for example – were created by people called creators.
Who Are Creators?
These creators, musician, directors, editors, you know, the people that would like to earn money for their hard work, often get sweet f***kall now because “Youtube Creators” decided to upload these videos “just like that!”.
Yet, Youtube and Google, or call it Alphabet, make billions every year and laugh all the way to the bank. This free money is now threatened by the EU legislators who would like real creators to also earn some money.
Let me get this straight, Youtube paid out €800 million in the past 12 months to creators and I am also a Youtuber creating videos, but I use my own content which I shot on my Iphone or GoPro. The music I use is also by Youtube because who likes mute videos?
What I am hoping is that some day my hard work will bring in some dough and I will earn money from the adverts that appear on Youtube. At the moment, my 154 subscribers give me no income, perhaps never will. But I am doing it for the fun of it at the moment, call it a hobby.
Then, there are those guys with their millions of followers who make a tonne of money from Youtube ads, sponsorships and so on. These guys are now probably up in arms because Youtube is threatening to block all their content from Europe.
Clearly, if these content creators on Youtube steal content and use unlicensed material, then Youtube should definitely block them. But don’t just throw around threats of blocking everything, point blank, just because we are in the EU!!??
Why Block My Content?
Why on Earth would you block my content for example, about my last holiday to Florida? I live in Europe, created the content myself, and using music provided by yours truly Youtube. Please tell me, would you also block that?
These scare tactics are just that: trying to scare uneducated people not willing to do a minute’s research into going against the EU, demonising law makers trying to stand up for actual creators whose work is ripped off through “online content sharing service providers”…
The EU, and us Europeans, have enough to deal with already – populism, Brexit, migration, racism, you name it – now we don’t need another made-up crisis created by a firm in the US that don’t really give a shit about us being able to watch videos.
Youtube and its Worries
All they really are scared about is their income and that maybe they will need to do something about fake news spreading on their platform, people ripping musicians, editors and directors off and so on and so forth.
What the EU actually says is this: “technological developments have given rise to information society services enabling their users to upload content and make it available in diverse forms and for various purposes. These include illustrations, an idea, criticism, parody or pastiche. Such content may include short extracts of pre-existing protected works or other subject-matter that such users might have altered, combined or otherwise transformed.
Translation: we live in a modern age, anyone with a computer can edit a video and post it online using 100% self-created content or a mish-mash of licensed and unlicensed product.
EU Verbose II: “Despite some overlap with existing exceptions or limitations, such as the ones for quotation and parody, not all content that is uploaded or made available by a user that reasonably includes extracts of protected works or other subject-matter is covered by Article 5 of Directive 2001/29/EC.
Translation: there is some existing legislation, but it doesn’t cover everything. The bureocrats want more legislation, of course!
The EU says: “A situation of this type creates legal uncertainty for both users and rightholders. It is therefore necessary to provide a new specific exception to permit the legitimate uses of extracts of pre-existing protected works or other subject-matter in content that is uploaded or made available by users.
Where content generated or made available by a user involves the short and proportionate use of a quotation or of an extract of a protected work or other subject-matter for a legitimate purpose, such use should be protected by the exception provided for in this Directive.
Translation: if your use of a protected work is legitimate, (legit) then you are safe!
EU quote 4: “This exception should only be applied in certain special cases which do not conflict with normal exploitation of the work or other subject-matter concerned and do not unreasonably prejudice the legitimate interests of the rightholder.
For the purpose of assessing such prejudice, it is essential that the degree of originality of the content concerned, the length/extent of the quotation or extract used, the professional nature of the content concerned or the degree of economic harm be examined, where relevant, while not precluding the legitimate enjoyment of the exception. This exception should be without prejudice to the moral rights of the authors of the work or other subjectmatter.
Translation: for the purposes of free speech, everyone should be able to use extracts of original work without having to worry about being imprisoned, fined, sued and blocked by online service providers.
EU Verbose continued: “Information society service providers that fall within the scope of Article 13 of this Directive should not be able to invoke for their benefit the exception for the use of extracts from preexisting works provided for in this Directive, for the use of quotations or extracts from protected works or other subject-matter in content that is uploaded or made available by users on those information society services, to reduce the scope of their obligations under Article 13 of this Directive.”
Translation: Companies like Youtube can’t just say: “I am invoking my right to Freedom of Speech”. They need to actually look after what people on their platform are doing.
The EU Says: “Online content sharing service providers perform an act of communication to the public and therefore are responsible for their content and should therefore conclude fair and appropriate licensing agreements with rightholders.”
Translation: Youtube, et al, are responsible for the content published on their platform. Youtube is trying to choose the easy way and block everything from Europe instead of monitoring it and coming up with a real solution.
Here is some more: “Member States should provide that where right holders do not wish to conclude licensing agreements, online content sharing service providers and right holders should cooperate in good faith in order to ensure that unauthorised protected works or other subject matter, are not available on their services.
Cooperation between online content service providers and right holders should not lead to preventing the availability of non-infringing works or other protected subject matter, including those covered by an exception or limitation to copyright.”
Translation: Content creators and Youtube should work together and co-operate to prevent the publication of unlicensed works of art, content, whatever.
Finally (this is not all, read the full text here): “Member States shall ensure that information society service providers that automatically reproduce or refer to significant amounts of copyright protected visual works and make them available to the public for the purpose of indexing and referencing conclude fair and balanced licensing agreements with any requesting rightholders in order to ensure their fair remuneration. Such remuneration may be managed by the collective management organisation of the rightholders concerned.”
Translation: Youtube and others need to pay content creators fair money for their hard work. Publishing online content shouldn’t only be about raking in $$$ but also fairly sharing that out with copyright holders whose work has been used online.
Youtube says on their website that “Article 13, as written by the European Parliament, will create large unintended consequences for everyone. Let’s come together for a better solution.”
Yes, the large unintended consequence will be caused by Youtube itself by the way, not the EU. It will be Youtube blocking everyone’s content not the EU – and why? Because it’s too much hard work to monitor the monster.
Taming a Monster
I was looking hard to find this “better solution” on the Youtube page but I have found nothing, so please point out to me where it is. What I have found is hidden in the FAQ under point 9:
Youtube says: “Rightsholders should work with platforms to identify the content they own, so the platforms know what is protected under copyright and can give rightsholders control to block if they choose.”
Translation: I, as a creator, should spend my life monitoring the gazzillion trillion hours of video on Youtube in the hope that I will find someone infringing my copyright. When this happens, I should notify Google/Youtube who will endevour to take this content down.
Are they trying to make me laugh???
How on Earth do they expect me to look for people using my content when they can’t even monitor it properly even though they are the largest online company in the world, backed by Google!?!?!
Youtube Content ID
Youtube says: “Platforms should only be held liable for content identified to them using tools like Content ID or through notice and takedown.”
Translation: Nothing changes, continue as usual. HAHAHAHAHA!
Another nicely hidden document is at point 13 in the drop down FAQ section (if you are still awake). This document is hidden in Google Drive so presumably you won’t find it by searching online.
The title of the document is “6 Myths About Article 13” – presumably written by Youtube/Google.
It says in “Myth 1” (I had to type it out as it is uploaded as an image!!!):
During the last 12 months Youtube paid over €800 million to content owners in the EU. And over the years (how many?) Youtube has paid the music industry over €5 billion.
Youtube Revenue
My view: it’s impossible to tell if that €800 million is a lot or a little because Youtube doesn’t tell us how much they actually made in advertising revenue in the last 12 months.
While I would like to have €800 million in my account I don’t know if that’s a fraction of their annual revenue or really a large chunck. What I know is that Google, Youtube’s parent company made USD110 BILLION globally in 2017. That is 137 times more than what they paid out in the EU in the last 12 months.
“Myth 6”: Youtube already has the technology needed to comply with Article 13. Youtube says their Content ID tool automates a rightholder’s ability to manage their copyrighted content at scale on Youtube. But it only works if rightholders use the tool, making it clear what belongs to them.
Under the current proposal, Article 13 would make Youtube liable for every potential copyright violation, even without being on notice.
My View: Damn right Youtube should be liable, it is a publishing platform, making it possible to spew out anything, good or bad, licensed or not, and all the while they make a tonne of money from it!
Imagine having a TV channel, like Fox New, where the screen is split and anyone can just upload anything they want under the Fox News logo. Who do you think would be liable then?
At least Youtube admits this: Even rightholders don’t always know who owns what and at Youtube’s scale – 400 hours of video uploaded every minute! – this is an impossible expectation to meet.
So instead of doing something, coming up with a REAL solution, let’s just block everyone’s video, including mine, which are 100% my copyright!
Thank you Youtube!
