What you posted there regards contract terms between the artist and Youtube. That's between them to fight out. If they don't like Youtube's terms, they can take their stuff elsewhere.
DMCA safe harbor has nothing to do with contracts. It means that, if you run an interactive web site (essentially, anything where users are allowed to post stuff), you can't be held liable if one of your users posts copyrighted material. The user still can be, but you, as the site operator, cannot. In exchange, you must provide a way that a copyright holder can contact you, using a standard method, and tell you that they've found material that infringes their copyright. You must then take that material down (within a certain period, I think ten days) and provide notice to the user that you've done so. The user can then either file a "counter notice" if they believe the material is not infringing, which you'd send back to the copyright holder if they choose to do so, or drop it, in which case the material stays gone. If a counter notice is filed, the copyright holder can at that time either take the matter up in court directly with the user, or drop it. If they don't file in court after a counter notice, you can automatically reinstate the material after a certain period of time. If the DMCA notice was malicious or fraudulent, the safe harbor provision also establishes liability against the person or entity who filed it. But as long as you file those procedures, you, as the site operator, are immune from liability for either the material being present to start with or for it being taken down. Without that protection, no one in their right mind would operate an interactive web site, at least not in the US. It protects everything from classic car hobbyist forums operated by a few people at their own cost, to sites like Youtube and Facebook. None of those would be possible without it. Or, at the very least, they would have to be operated from countries which are, shall we say, much more lax on copyright enforcement. That's bad for everyone, including the copyright holders--they no longer would have an effective method of getting infringements taken down. Since Wikimedia is DMCA-compliant, that means that, say, AP or Getty can't sue Wikimedia if a user uploads a bunch of their images to Commons. They would have to find and sue that user. And of course, they could file DMCA requests to have their stuff removed. But since WMF is much easier to find and has much deeper pockets, if they had the option of suing WMF, I guarantee you that they would. The only thing that stops them from that is safe harbor. That, and Section 230 of the CDA (which excludes liability from site operators for other types of illegal conduct like threats) are, without exaggeration, the very reason that interactive web services can exist at all. Without those, you'd be accepting liability for anything a user of your site might choose to do. You'd have to be insane to do that. Todd On Mon, Dec 19, 2016 at 1:36 PM, Lilburne <lilbu...@tygers-of-wrath.net> wrote: > On 19/12/2016 16:45, David Gerard wrote: > >> For various reasons * I follow music industry news. One drum the record >> industry has been beating *hard* in the past year is attempts to reduce >> the >> DMCA "safe harbor" provisions in order to squeeze more money from YouTube. >> It's been a running theme through 2016. >> >> > Oh dear! If this gets traction poor little Google, won't be able to run > their protection racket any longer. It is so worrying that a little cellist > might bring a $400 billion company to its knees. > > https://www.theguardian.com/technology/2015/jan/27/zoe-keati > ng-youtube-google-music > > > > > _______________________________________________ > Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wik > i/Mailing_lists/Guidelines > New messages to: Wikimediaemail@example.com > Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, > <mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe> > _______________________________________________ Wikimedia-l mailing list, guidelines at: https://meta.wikimedia.org/wiki/Mailing_lists/Guidelines New messages to: Wikimediafirstname.lastname@example.org Unsubscribe: https://lists.wikimedia.org/mailman/listinfo/wikimedia-l, <mailto:wikimedia-l-requ...@lists.wikimedia.org?subject=unsubscribe>