web New Company Acting on Hasbro's Behalf on YouTube

[DJShy 964]

https://www.youtube.com/watch?v=ehwi-w4139w&index=2

 

So... yeah...

 

I beg of you, spread this around, revive this thread as much as the rules let you. This needs to be heard!

 

Meanwhile, I'm gonna go hide now, as my dreams of being horse famous are now officially dead.

[aoEAF2FBvC0MIo2Q 3,676]

If there's any solace to be had from this, it's that it exacerbates mistrust for corporations. They will gladly set the world on fire if it means they profit from it and as bullshit like this happens, it becomes all the more plausible.

[Shanks 10,817]

This is again a crucial reminder of why we desperately need serious reform on copyright and patent laws so without further ado I am going to plug the thread I made a while ago on that matter.  Hasbro has for the most part been much more lenient that other companies, maybe they made this move because they are getting pressure from their shareholders. I don't know but either way when these sort of things happen it is usually not good.

 

http://mlpforums.com/topic/49035-what-do-you-think-about-copyrighttrademark-laws/

[Geek0zoid 1,468]

I, myself, am a content creator. The worst I've ever gotten from Hasbro is a claim, which is different from a strike. A claim simply removes monotization from a video, making it impossible to make money off of it. For me, that's fine. I don't make money off of my content, so it's perfectly fine by me for someone like Nintendo or Hasbro to make money off of it (Though, honestly, I don't think they'd make a fucking penny off my stuff.)

 

However, a strike is different. A strike removes the video entirely and puts the channel's account in bad standing, forcing the creator to waste their time dealing with litigation. It's fucked up beyond belief that companies are so paranoid about their IP's, that they would take down other peoples' hard work to "Defend it." I see it as if they're burning their own homes to the ground to prevent them from catching fire.

 

However, both actions are done in a similar fashion. They're both done WITHOUT the channel getting to defend itself first. That has to come after you've been claimed/struck. What makes this scenario different is a company has let you monotize videos with their permission. Afterwards, some other corporate ass hawk comes in, saying they're claiming your videos FOR the company that said you could monotize.

 

It's amazing how much financial decadence is going on with this. A company that butts out, literally out of absolute nowhere, and claims that they're doing Hasbro's job FOR them is showing that the system is fucked up beyond all comprehension. A system that allows an Egeda to exist is a broken, failed system. If they could exist, even if the worst they got to do was waste a creator's time, then the system has failed us. So too has it failed us by allowing SEGA to take down videos with footage of a 15+ year old Saturn game in it.

 

Again, I don't make money off of my stuff, but I know lots of people out there use it as side incomes and even main incomes. An unknown company coming in and wrecking that shows that any company, any fucking company, will abandon anything and everything to make a quick buck. In a system that works and benefits both content creators AND companies, the Egeda's of the world can't exist. Now, I do think a system like this should exist, but it needs a real overhaul. Not that there will be one, because right now YouTube's litigation system serves those with the deepest pockets, and lord knows, THAT'S who the system exists to serve, right? 

Edited October 18, 2014 by Geek0zoid

[Jaref 344]

That's nice. I had this happen to me last year when one of my PMV's got straight copyright striked, but it was some other random name I never heard about. Did some searching and it turned out to be one of those companies, called "GrayZone", doing this kind of work for WMG. Even found an article about them http://www.businessinsider.com/2007/12/led-zeppelin-youtube-culprit-overeager-bootbusters

 

But this only happened to me one time, and the record of the song I used was just released a few days earlier. Had music on my channel since 2011 and never had much problem besides that

 

Just checked my videos, a lot of them are indeed flagged by this Egeda. Egeda and Hasbro. Two videos are blocked in Spain and Andorra (Andorra pls), my latest one and a video from 2012, interesting. Never tried to monetize videos so I don't care about that business, but blocking is another story. Better not get worse than that

Edited October 19, 2014 by Jaref

[Andaasonsan 3,205]

So Hasbro subcontracted out the C&D work. This doesn't really change anything except making them more efficient.

 

Look people, every time you create some sort of fan work and post it online, you're rolling the dice that it won't get too much attention and catch the attention of Hasbro's legal department. That's just the nature of things and it is a risk you need to accept if you're sharing this stuff.

 

And just saying "fair use" over and over doesn't make it fair use. There are specific requirements that must be met to be fair use.

[DJShy 964]

So Hasbro subcontracted out the C&D work. This doesn't really change anything except making them more efficient.

 

Not really. As far as I gathered and listened to that video, they do it on their own, with no contact with any company that they are supposedly working on behalf of.

 

Although, I really hope that they get shut down fast, if that's the case.

And just saying "fair use" over and over doesn't make it fair use. There are specific requirements that must be met to be fair use.

 

Care to explain them? 'Cause I haven't the slightest clue as to what they are.

Edited October 19, 2014 by DJ Shy-3

[Andaasonsan 3,205]

Care to explain them? 'Cause I haven't the slightest clue as to what they are.

I don't know all the exact details, and I am not a lawyer, but the basic gist of it seems to be that you need to be satirizing something or using a short clip in something like a review. It's complicated.

 

It just annoys me that whenever this is brought up you always get a bunch of bronies basically going "it's fair use 'cause I said so."

[Simon 4,557]

I don't think the person in this video really understands what Egeda is.  Egeda is an non-profit which, in part, does the job of finding copyrighted content on Youtube for content creators that are part of their organization.  Specifically, Egeda primarily works with Latino content producers.  They most likely aren't working with Hasbro, they are working with Latino musicians to help them find copyrighted content on Youtube so they can collect their advertising revenue from Youtube.  

 

You'll notice in the video that they had a screenshot of, it actually had two copyright claimants there... Hasbro, LLC and Egeda.  Most likely what happened is that the person created a video using images or video from MLP along with some Spanish song from an artist that is part of Egeda's organization.

 

The other important thing to remember is Egeda can't just claim royalties for any video they want.  Content producers wishing to have Egeda provide their royalty collection services on their behalf have to fill out an application with Egeda.  Then once they're a member, Egeda will have the authority to act on their behalf.   Take a look at Youtube's copyright claimant page.  In order to even have access to filing a content ID claim, the person filing the claim has to be verified as an individual with the legal authority to make copyright claims including providing details about their company and what content they will be making claims for on Youtube.

 

Long story short, Egeda is no different than the law firm that Hasbro outsources its copyright work to.  They aren't wildly making copyright claims on behalf of Hasbro and then stealing the money, they're filing claims on stuff using music from the individuals they represent.  The only reason you might see an organization like Egeda on your copyright claim instead of the name of an artist is because not every artist in Latin America can afford to retain a law firm in the United States to surf Youtube at $250 an hour.

[Jaref 344]

I don't think the person in this video really understands what Egada is.  Egada is an non-profit which, in part, does the job of finding copyrighted content on Youtube for content creators that are part of their organization.  Specifically, Egada primarily works with Latino content producers.  They most likely aren't working with Hasbro, they are working with Latino musicians to help them find copyrighted content on Youtube so they can collect their advertising revenue from Youtube.  

 

You'll notice in the video that they had a screenshot of, it actually had two copyright claimants there... Hasbro, LLC and Egada.  Most likely what happened is that the person created a video using images or video from MLP along with some Spanish song from an artist that is part of Egada's organization.

 

The other important thing to remember is Egada can't just claim royalties for any video they want.  Content producers wishing to have Egada provide their royalty collection services on their behalf have to fill out an application with Egada.  Then once they're a member, Egada will have the authority to act on their behalf.   Take a look at Youtube's copyright claimant page.  In order to even have access to filing a content ID claim, the person filing the claim has to be verified as an individual with the legal authority to make copyright claims including providing details about their company and what content they will be making claims for on Youtube.

 

Long story short, Egada is no different than the law firm that Hasbro outsources its copyright work to.  They aren't wildly making copyright claims on behalf of Hasbro and then stealing the money, they're filing claims on stuff using music from the individuals they represent.  The only reason you might see an organization like Egada on your copyright claim instead of the name of an artist is because not every artist in Latin America can afford to retain a law firm in the United States to surf Youtube at $250 an hour.

 

Both Hasbro and Egeda are under visual content, so no, it has nothing to do with Latin American music

 

 

Here's a screenshot of mine, you can see the audio is a separate thing

Edited October 19, 2014 by Jaref

[Simon 4,557]

@@Jaref,

 

Even so, all that means is Hasbro signed up for this organization to watch for their content... it's a worldwide registered non-profit organization, not some guy in his basement scamming Youtube for copyright funds.  Any individual or organization that creates content can fill out a form and have Egeda watch for copyrighted content on Youtube for them... if you owned a company that produced content, wouldn't you fill out the form with a non-profit so the non-profit can catch a few videos your high priced firm doesn't have to deal with?

 

Honestly, people on Youtube should be thrilled that Hasbro isn't taking down every video and is instead using the content ID system to advertise on videos.  If this was a lot of other companies all those videos would be gone instead of having ads pop up.

[Jaref 344]

@@Jaref,

 

Even so, all that means is Hasbro signed up for this organization to watch for their content... it's a worldwide registered non-profit organization, not some guy in his basement scamming Youtube for copyright funds.  Any individual or organization that creates content can fill out a form and have Egeda watch for copyrighted content on Youtube for them... if you owned a company that produced content, wouldn't you fill out the form with a non-profit so the non-profit can catch a few videos your high priced firm doesn't have to deal with?

 

Honestly, people on Youtube should be thrilled that Hasbro isn't taking down every video and is instead using the content ID system to advertise on videos.  If this was a lot of other companies all those videos would be gone instead of having ads pop up.

 

Oh absolutely. Like I said, I never wanted to monetize my videos. I know I use copyrighted music and copyrighted footage without permission, I'm not entitled to anything. If my videos can support Hasbro in some very small way via the matched third party content system, more power to it, it's very fair. But my videos has been flagged by Hasbro for a long time and they never blocked any of my videos. Now my videos are being blocked in Spain and Andorra or all places because of this company. Is that really part of Hasbro's agenda? I doubt it

[Jeric 46,890]

I remember by first job. I walked into a store and started stocking shelves and answering customer questions. After a few hours I walked up to the manager and asked for my paycheck. Silly manager wouldn't pay me.

 

3rd party IP validation companies are necessary components to protect intellectual property in the New Media age. The sheer volume of content requires a varied approaches like this, and IP owners are likely to not just trust YouTube's CID system to catch everything. The only group this will impact are those that are making money off of an IP that they did not create. If that is where this ire is coming from, I will simply point you all to the Kindle Direct Publishing Authors forum on Amazon. You may have a bad business plan if you didn't consider this eventuality and relied exclusively on YouTube for monetization. Time to branch out if that is your goal. This is why some use Subbable and Patreon. This why some create fan content as a loss leader for original content.

 

Or you can do what the trailblazers in the new media age did in the 90's and beyond, create a your own video sharing system, work with advertisers and venture capitalists, and build something YOU want to see. Not that you won't face the same challenges that YT did, but at least you will have more control over content production and monetizing said content.

[Shanks 10,817]

If this was a lot of other companies all those videos would be gone instead of having ads pop up.

So what you are saying is Hasbro still has the same policy of not pulling everything but using the content ID to advertise on videos it always has had but is simply going to a third party to help them because of the sheer volume of content? If this is the case than it seems there is nothing to worry about, thanks for the clarification.

[LittleshyFiM 24]

I could easily be wrong and please correct me if that's the case, but I think OP's video is blowing a lot of hot air. EGEDA isn't maliciously claiming videos, but it looks more like Hasbro has "partnered" with them to handle the job of content management. I know this because all of my videos which were claimed by Hasbro now include EGEDA's name alongside Hasbro's. They aren't new claims.

For the moment, I'm actually optimistic about EGEDA handling the job. It used to be Shout Factory, but they were doing such a terrible job that Hasbro had to step in or otherwise risk fans rioting. My guess is that Hasbro couldn't handle the workload of actually checking disputes individually, so they got a group that actually knows what they're doing.

I recently had a video automatically claimed and blocked in a couple countries, but the claim was completely removed just a couple days after submitting a dispute. I wasn't actually expecting that to happen considering how much crap I had to go through back when Hasbro was in charge of reviewing claims. Waiting a couple days for a claim to be removed is completely acceptable compared to Hasbro's way of doing things, and it's heaven compared to Shout Factory. I recently disputed a claim on a video I know Hasbro would never allow through, so I'll report back here when EGEDA makes their decision.

Here's hoping that having a non-profit handling this job works out better than the greedy suits at Hasbro and the nazis at Shout Factory.

Edited October 20, 2014 by LittleshyFiM

[Ashen Pathfinder 16,165]

Just to echo the feeling that this shouldn't be much to worry about, as Jeric said, considering the day & age we are in and how much sheer content is out there, I really can't blame Hasbro for going this route. In the end, the fact is that Hasbro has been more than kind to the brony community at large, which is more that can be said for other companies like Nintendo.

 

Honestly, let's just lay low and see what happens. In the end it is Hasbro's property, so they have to so to such lengths to protect it.

[LittleshyFiM 24]

Quick update to my last post, I just got the email saying they wouldn't remove the claim. Looks like not much has changed aside from the faster response time. Oh well.