There is hard evidence to counter those notices, but ultimately nobody ends up taking it to court because it is too expensive.
See: https://www.dailydot.com/upstream/youtube-copyright-claims-t...
There is hard evidence to counter those notices, but ultimately nobody ends up taking it to court because it is too expensive.
See: https://www.dailydot.com/upstream/youtube-copyright-claims-t...
"Last week, YouTube removed the claim from the flagger who said TheFatRat was using copyrighted material, and less than a day after Johnson filed a dispute on his video, the flagger released that claim. That means both YouTubers shouldn’t have to worry anymore about those specific videos.
Neither TheFatRat nor Johnson returned emails from the Daily Dot to see if they were satisfied with the outcome."
This implies that the content creators resolved their problems before getting traction on the published article. However, I will grant you the obvious point here that these content creators that were able to resolve their problems have a huge following, compared to the majority of content creators that don't have the same voice, so maybe this isn't the same for everyone. derefr who also commented below says that it should be the same for anyone who receives a DMCA takedown notice.
But I understand the USA legal system doesn't automatically award costs to an injured party, so in practice noone cab afford to challenge any large media corp.
In that sense just claiming ownership of a track will deter most other creators to make money from it, even if they can use it. Actualy I think during the time the copyright claim is upheld any ad money done at that point goes to the alegde owner and is not reversed even if the claim is debunked, but I might be wrong.
Which the complainant will never do, in these cases where it’s obvious that it was just an overzealous algorithm flagging things it shouldn’t have—because actually pursuing damages for those situations are exactly the type of thing that make a judge issue contempt-of-court charges.
It looks trivial to wipe out everything via a DMCA complaint. All you have to do is wait until the uploader is unable to respond. Given enough time, this happens to all human uploaders. Nothing is safe. This part of our cultural history can be wiped from existence.