Andrew (Television Executive)Jul 17, 2024

I just got a copyright claim against a video I posted on youtube 10 years ago.

The video is a film by Georges Melies that was shot in the 1890s.

Someone is attempting to claim copyright over a film that is 130 years old, who's director died 86 years ago.

Now 1) I don't give a shit about this clip on youtube. 2) The person who made this claim is clearly in the wrong. 3) I can't be the only one that they have targeted illegally. 4) Youtube is a problem.

Show threadAndrew (Television Executive)Jul 17, 2024

As an archivist, let me say clearly:

Modern copyright law is actively harmful to the preservation and study of our culture.

It harms artists by giving undue power to publishers. It harms artists by limiting remixes. It harms preservation and research efforts.

It's broken. It's bad. It should be massively reformed.

Show threadAndrew (Television Executive)Jul 17, 2024

Of course the claimant backed down. How could they do otherwise?

But the fact remains that they should face legal repercussions for claiming ownership over something they don't own.

I should, at least, be able to bill them for the time I spent dealing with their spurious claim, but frankly the repercussions should be worse and deeper than that.

Issuing an illegal takedown notice should come with serious risk.

Show threadΣ(i³) = (Σi)²Jul 17, 2024
@ajroach42
Depending on your jurisdiction (I don't know where you live) you could write a bill for the time you spent dealing with the spurious claim, then take the case to small-claims court (in CA that's anything under $500, so make your bill out to come to $490 or something). If the other party doesn't show up, you get a default judgment against them.
The hard part would be collecting on the judgment.
But if you can sell the claim to some collection agency for, like $20 or whatever, you would've made at least a little money out of it and the other side would now be pestered by a collection agency... 🤷‍♂️
Show threadmizblueprintJul 17, 2024
@SvenGeier
@ajroach42
Small claims limits are much higher than that in CA. $12,500. https://selfhelp.courts.ca.gov/small-claims-california#:~:text=Generally%2C%20you%20can%20only%20sue,you're%20a%20business).
Small claims in California | California Courts | Self Help Guide

Small claims basics  Small claims court allows you to sue a person, business, or government agency that you think owes you money. Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you’re a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court. Special rules for COVID-19 rental debt cases in small claims

Show threadΣ(i³) = (Σi)²
@mizblueprint @ajroach42
Oh, excellent - good to know. So: dealing with a spurious claim: 30 minutes @ an hourly rate of $24,990 comes to $12,495, payable net-30. 🤷‍♂️
Jul 17, 2024 at 9:05pmWeb
Show threadmizblueprintJul 17, 2024
@SvenGeier @ajroach42
One could try. However, the regular hourly rate seems more reasonable. I don't think small claims judgements in CA can be appealed.