Quote:
Originally Posted by nuggetsyl
OK I am going to go post every episode of pawn stars and myth busters on YouTube. I won't ask for ads and just tell the discovery channel and history channel its educational so I won't get in trouble.
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Let's run with that example. Here's what could happen in a best-case scenario for the copyright holder:
- Since you told the channels that you've uploaded the material. They're probably going to file a DMCA takedown.
- The material will get temporarily taken down by YouTube.
- Since you are asserting it's educational, you'll contest the takedown using the DMCA process.
- YouTube will acknowledge that and put the material back.
- The channels won't believe your claim, and will threaten a lawsuit.
- You're behind 7 proxies, so you don't believe that they can find you.
- The channels file suit against a John Doe defendant.
- The channels persuade the court to subpoena your registration and IP information from YouTube, and then subpoena that IP's subscriber name and address from your ISP.
- They serve you with the suit.
- You defend the suit, and argue fair use owing to non-commercial educational use. They'll counter with loss of commercial opportunities.
- You might lose. Or can't afford to defend the suit and settle. Either way, you get to argue that your use isn't costing them any money, and so the penalty you should pay is minimal.
- You probably end up paying more than you wanted to.
But there are complications. Will the channels risk a judgment against them on such a petty infringement? (If your arguments are accepted by the court, because of the precedential value, that will threaten their business more than letting you get away with infringement.) Will they even be able to get your real identity to sue you? (If there is uncertainty regarding the identity of the uploader, it may be difficult to convince the court to issue the subpoena.)
And look at how differently that would play out if the aggrieved party were a FIRST participant. Would the DMCA process happen? Would the lawsuit happen?
It's not unreasonable to think that you won't actually get in trouble. Look at the variety of copyrighted content on video hosting sites—probably including those series—as an illustration of that fact. Whether or not it's right, the uploader does indeed stand a reasonable chance of getting away with it.