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.

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.

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.

@ajroach42 it is my understanding that DMCA claims of ownership for things that are clearly not yours are illegal and come with a financial penalty when challenged that goes to the party who was wronged. Furthermore, I think it is actually pretty easy to file the counter-charge thing.
@masukomi right, but they didn't actually make a DMCA claim, as I understand it. Youtube uses an in house system prior yo an actual dmca notice.
@ajroach42 TIL. I thought the YT thing was just a tool to facilitate DMCA claims
@masukomi maybe it is, and I've misunderstood.