Channel Nostalgia Runs the Risk of being Deleted From YouTube for Copyright Issues

Fox is about to take down one of the most successful YouTube channels in Brazil. Last week, the media conglomerate complained to Google because of a Video Channel Nostalgia (surely you’ve heard of it) on The Simpsons, an original production of Fox. As in all cases of copyright dispute, YouTube Fox allowed to apply a strike against the channel. With this, there are three in total. On Tuesday, day 21, it may be that the page no longer exists if the station does not go back.

Behind the Nostalgia is Felipe Castanhari, 24. Currently he lives in Singapore, but it is of.It was in the state capital, two years ago, he started a channel to comment on just about everything that gave him a certain sense of nostalgia: Dragon Ball Z, Sonic and Sai bass, to name a few of the most watched content. Managed 861,000 signatures on YouTube. The videos have been viewed more than 33 million by Internet. The Channel Nostalgia isfull of superlatives. I could just start with one vignette of “And now another hearing champion”, so common in the Globe programs decades ago.

At least seven people are involved in the channel. Three of them live directly from the income generated by advertisements during the episodes. After all, it takes work to produce the material so well edited and refined.

However, all this can disappear from night to day.

Content what?

First we need to understand how the copyright detection system YouTube. The video site employs a technology called Content ID. Each upload (all!) Is checked in search of graphic signs and also sound that replicate a huge database. Yes, YouTube receives the samples of the largest media companies in the world – especially film and US television.

Each time the YouTube handle third party material, it can behave in different ways, depending on the guidelines established by the owner of the content. In some cases, the video is simply unavailable in some countries. There is also the possibility of displaying commercials before the video and on his page, but whose proceeds go directly to the holder of the content.

In the case of Nostalgia , the first complaints were made by Time Warner, owner of the company Turner, which in turn is related to the Cartoon Network (complicated, I know).The company claimed two videos in which Castenhari made assemblies The Powerpuff Girls and Johnny Bravo – both are Cartoon products.

He said the notification of Time Warner, but did not return any. First strike so. Although they were two videos, it counts as one thing because the notifications came on the same day.

The second strike was made by Fox. The Content ID detected the display of an opening of The Simpsons made by director Guillermo del Toro. It was an automatic complaint. The owner of the channel made a counter-argument, but in response to Fox decided to keep the claim and still apply the strike .

Both in the first case, the Cartoon Network, and in the second, the Fox, the media groups manually made the complaint to YouTube system after the Content ID detected third party content. This is how it works: automatic removal does not result in penalty, but yes manual.

Again The Simpsons

The third strike came last week. Castanhari told me that the video Nostalgia on The Simpsons was issued to remove the opening of Guillermo del Toro. According to him, the video originally had 45 minutes now has 33. But he did not know that earlier claim Fox had resulted in strike. YouTube’s rule is clear: three strikes make a channel to close. With the latest complaint, he immediately was unable to post new videos and many of them disappeared from the page.

It is in this limbo that Nostalgia is from January 14. No one knows if the page is still in the air or cease to exist.

No Fox response

I talked to Felipe Castanhari, the creator of the channel for more than an hour on Thursday night to address this issue. There are many questions and discussion about the content in the Digital Age is truly important.

First of all, he pointed out that Fox got no response on the third strike. It is not known whether the company will withdraw the complaint. Meanwhile, he set up one second YouTube channel as a backup if anything goes wrong. The / official nostalgia already has more than 250,000 subscribers. It is enough, especially considering that the mark was achieved in less than a week. Still, it reaches a third of which has the official channel.

It is also an ongoing campaign between youtubers Brazilian to try to save the channel. Among those involved is Rafinha Bastos, who has a comedy show in the Brazilian Fox channel. Izzy Noble, a former columnist for TB made his comments on the use of third party content. To the channel Away manifested on the subject.

One of YouTube representatives in the country, Federico Goldenberg posted on Twitter that is acting to keep the channel on air.

Fair use

The point is in such the fair use (fair use) of third party content. This is a US law that allows use material created by other people or companies to make comments as criticism or review. During our conversation, Castanhari held at various times thatNostalgia is a tribute to all films, series etc. which are cited in the channel. They are always positive comments, according to him. “I think today YouTube is an absurd marketing tool. From the moment that I’m exposing something, I am influenced in a direct way people consume it, “says Castanhari.

What’s more, he believes the Nostalgia revives certain brands that were forgotten. “I have friends who came to see me, did not watch both The Simpsons, but after his video, I started to watch over or bought the DVD.”

“But Fox did not ask for such disclosure.” That was my response when Castanhari presented their arguments. The youtuber said this is where comes the good sense. He questions if Fox can get content that is helping one of its brands and delete. “You’re causing a fan base [channel]. Many people are extremely sluts with Fox. The crowd is revolting. As they do not have order, position yourself against this is to shoot yourself in the foot, “he added.

He also recalled that there is no straight – laced concept on such fair use of third party content, as I remembered that in some situations, such as the World Cup and Olympics, media companies must follow restrictions of the owners of the events. In serving journalistic content, the rule can be as restrictive as display a small percentage of the event or a few minutes. Nothing more, as some stations pay fortunes for the exclusivity of these events.

I asked if it would be wise to ask for permission to hold the contents before making the videos. After all, that’s how they act some TV stations to avoid problems later. “I do not think I have to ask permission because they do not use the entire contents,” Castanhari said. It is true that does not use an entire episode of The Simpsons, but uses short clips from various episodes to illustrate the videos. According to him, it would not be possible to Nostalgia without these stretches. Plus, they do not have contact Fox to ask for such permission. The youtuber further explained that the Nostalgia opted recently to use a maximum of 15 seconds of each clip, to avoid problems later.

YouTube and big media companies

Castanhari also criticizes the way the YouTube relates to media companies. Content ID lets all power to these companies. Google does not enter into disputes with them, in order to protect youtubers when necessary. We already know that a media industry share is still stuck in the twentieth century, so that all power in the view of Castanhari, creates an imbalance – and the weaker side is just the owner of the channel.

Remember that the arrival of new consoles brings native tools to record gameplays, making it much easier to share that content on the internet. Only Content ID started to pick up this material. It turned out that many youtubers specialize in games lost videos with millions of views. Some channels were taken off the air. All this because YouTube was not prepared to deal with this new way for people to appropriate content (yes, video game’s content) that is present in a final product.

Here in Brazil, another celebrated case is the blogger Nick Ellis. The project 366 songskept for him was to record a song a day, no matter where you were, to post on YouTube. On some trips I made to work, remember seeing Nick concerned to carry his ukulele for hotels, determined to complete the project in 2012. At the end of 2013, YouTube realized that there were a number of covers in his account and decided close the account.

Nick has claimed several times through Twitter that were tributes – and more than that, were far covers of original songs. Still, he did not talk. Google found it more practical to take the content of the air. In YouTube understanding, it is as if the covers did competition to the original material.

As you can see, the discussion will be branching into several foreheads. For my part, I confess I have not formed an opinion. Both sides (producers and cited content holders) have good arguments.

Never mention the Fox

In any case, Castanhari assured me that the ideal would be to allow Fox to display her material stretches in Nostalgia.

If you can not, all right, he does not care never to mention the company’s securities. The same key is to save the channel. In one of the scenarios envisioned for him, Fox withdraw the strike, he would erase the videos related to the company’s productions and is so even. A pity, since Fox produces so much cool stuff, but part of the game.

Warner can turn this around

On Sunday, a few days after our conversation, the creator of Nostalgia posted on Twitter that is negotiating with Warner. It may be that the company remove the first strike. Even if Fox is silent on the subject, this gesture would save the channel – at least until another company decides to do some reporting.

FRIENDS! AFTER ALL THIS CAMPAIGN AGAINST FOX, IT IS POSSIBLE THAT TURNER (WARNER) REMOVE THE STRIKE! MORE NEWS ON MONDAY \ O /

– FELIPE CASTANHARI (@FECASTANHARI) JANUARY 18, 2014

At the end of Sunday night, Felipe confirmed by email that has a meeting on Monday with representatives of Fox and Warner to talk about the Nostalgia. He said he will negotiate the withdrawal of the strikes and that the two companies “are demonstrating good will.”

I got in touch with the Brazilian offices of Fox and Google / YouTube, but they did not indicate spokespeople to talk about it. It would be interesting to understand better what is the point of view of Fox, the owner of the content, and Google, the platform owner that allows the Nostalgia exist. If companies change idea, the doors our site are open to talk about it.

While the content remains in the air, give play below to watch one of my favorite episodes: Knights of the Zodiac! Too good.

Starts playing “Façaaaaaaaa raise… Vlapt, vlum! The cosmos of his heart … Plef, pa, pshoin “and I get goose bumps already. Sdds Network Headline.