Copyright Confusion

There appears to be an increase problem by community media sites (such as YouTube & which use media recognition heuristics to detect media that might be copyright infringement & as a result, those videos may end up getting muted or restricted in one form or another & in some cases, make those videos completely useless.  This is a method that plagues those who simply wish to be a part of the online community & a BIG problem for those in the gaming community.

This problem has hit me a few times in my videos on YouTube

Furthermore if you search for various songs on unofficial channels on YouTube, you'll find a number of them have been muted due to those songs, even if they were a part of a games soundtrack, which is apparently something that is NEVER taken into account in those copyright claims.

This has happened a number of time on Twitch as well:

If you do a search for any rhythm game on Twitch, you are likely going to find every single one of them muted & pointless to even view as far as games in the rhythm genre go.  I have one friend in particular that used to complain to me about this in games such as Audiosurf & osu.

YouTube takes the matter to the extreme where copyright notices stack on your account & sooner or later will be terminated if they build to a certain point.  Twitch may not stack copyright violations like YouTube does (as far as I know), but the media-recognition methods are as a preventative measure to avoid copyright claims, which unfortunately make Twitch look trigger-happy when it comes to muting your videos & unfortunately you won't even know it until you go over archived/highlighted videos; this unfortunately makes exportation of videos that have already been muted completely useless...

As far as game streaming is concerned, rhythm games will always be hit by this regardless of whether what gets you hit by a copyright claim/muted video is a part of the game's soundtrack or not.  Furthermore, any game that has a form of virtual radio (such as games in the Grand Theft Auto, Saints Row & APB series) are likely to get hit by them also, even if it's from a car passing by your character & not from your own car in the game.  Taking this a step further, a good amount of games use copyrighted music (such as games in the Need for Speed, WWE Smackdown & Tony Hawk Pro Skating series) which are almost certain to get flagged if you haven't shut off music first.  The only plus side to sites that are going to flag your videos in this way is that they seem to leave live streams alone, but anything left after a stream (archived streams) or uploaded videos are always prone to being vandalized by these sites.

So the question at this point is should community media sites be allowed to censor our videos without being required to even notify us of it or giving us the ability to dispute the allegations of it beforehand (even if they do give us the option to dispute the claim afterwards, you may not notice it if they don't bother to contact you about it).  I say no.  As far as I'm concerned, this is a form of discrimination, particularly if the media that would flag a video is a part of the soundtrack for that game.  If somebody is purposely reposting an official music video or it's obvious they're using the music in their own video, then I can understand it, but if it's in the background a video, a part of a game's soundtrack or an unintentional inclusion in their video that companies choose to manipulate that coincidence (as far as I'm concerned) only to be malicious, then my claim of those sites actions is it's a violation of our rights, particularly if your account gets terminated over it.  For sites that use this type of discrimination, they need to consider the usage of the media as to whether it was intentionally put in there & whether there's a reason why it should be in the video (such as a part of a game's soundtrack) before they decide to penalize their users for it being in their videos.

My claim of what should be done to battle this type of discrimination from community media sites is that we should make it obvious that we are not happy with it & make it known by publicly stating it, as well as boycotting certain features of those sites until they change their methods & start considering whether usage of such content is intentional or should be allowed based on content of the objective of the video (such as game soundtrack).

I have already started doing both of these & in one case, it lowered the restrictions on a video on YouTube where removal of that content would cause diminished results in a non-profit stance for non-smokers rights.  If these organizations want to make claims against our videos, then make it known by the public that's the case & let the comments on those videos shame those organizations when the music had a reason to be in the video in the first place.

As of 7/11/2016, I will be keeping a list of videos that have been muted for whatever reason to give an idea of how bad this problem is; videos listed before this date are old situations that I still have logs on from YouTube:

Date Site Video Reason Claimant Facts Actions
04/25/2015 YouTube The Guided Fate Paradox
Opening Movie
Lantis Company, Limited Music that plays during
The Guided Fate Paradox
opening movie
Monetized by copyright owner
02/08/2016 YouTube South 67 Condos
Indoor Pollution livestream
(2/8/2016 - part 2)
The Sound of Silence
could be heard in the background
On behalf of: Reprise
Poor quality music could be heard from another computer in the stream Monetized by copyright owner
07/10/2016 Twitch Dragon Ball XenoVerse Same Sea
misdetected in video;
character selection screen on login
Media misdetection
Faulty detection;
music is not in video
First of video got muted;
appeal was filed,
rejected without response
later reopened after I started protesting it on my channel,
then I deleted the video myself when videos after it started auto-expiring.
07/11/2016 YouTube Dragon Ball XenoVerse
(archived stream wasn't the subject of complaints filed, but was the target of the strike against account)
Complaint against link in stream description linking to review on game Bandai/Namco  see here Stream ended early,
archived video suspended,
account hit with strike,
bad standing account status,
longer videos rights revoked,
custom thumbnails rights revoked,
live streaming rights revoked
appeal on account status & strike filed,
appeal accepted & account status restored
08/30/2016 Twitch Dragon Ball XenoVerse Asylum

misdetected in video
not once, but twice;
background music in PQ 02
Media misdetection
Faulty detection;
music is not in video
2 spots got muted in archived video
appeal was filed on both accounts;
appeal sat as pending until after it would have expired,
I deleted the video myself
09/23/2016 YouTube N/A
(stream page was targeted with a copyright infringement report, despite no stream being active at the time)
Complaint against link in stream description page linking to review on game, despite not being active at the time of complaint. Bandai/Namco see here Strike added to account,
streaming rights revoked;
appeal filed, but ignored
BBB complaint filed,
review & boycott of Bandai/Namco published
12/14/2016 Twitch Castlevania: Symphony of the Night Too many to count! N/A
Media detection
Detection of music in game's soundtrack 2 videos got flagged between 20 to 50 times due to game music,
majority of both videos were muted,
deleted myself when I saw list of flags, too many to count.
12/15/2016 Twitch Castlevania: Symphony of the Night Too many to count! N/A
Media detection
Detection of music in game's soundtrack 2 videos got flagged between 20 to 50 times due to game music,
majority of both videos were muted,
deleted myself when I saw list of flags, too many to count.
06/23/2017 Twitch Salt Pro Sound Effects Library
Playing in the Rain on the Beach

misdetected in video
during night time exploration
Media misdetection
Faulty detection;
detection is coincidence
Sound effects in the game during night time exploration
got misdetected as a track from an audio CD

 Last updated 6/23/2016 Reviews Reviews