YouTuber Has Video Demonitized Over Washing Machine Chime

from the money-laundering dept

It should not be controversial to state that, as it stands today, YouTube’s ContentID platform for policing copyright on YouTube videos is hopelessly broken. The system is wide open to abuse from bad actors who might lay claim to content that simply isn’t theirs, sometimes to the tune of raking in millions of dollars. ContentID is also abused by some in law enforcement to prevent recordings of police from showing up on YouTube. And then of course there are all the times that ContentID simply flags content that it shouldn’t, such as the sound of a cat purring or plain white noise.

And so it isn’t much of a surprise that these issues keep popping up. YouTuber Albino took to social media to complain about how he received a copyright strike for a let’s play video because, well, a home appliance made a noise.

On May 27, 2024, Norwegian YouTuber ‘Albino’ revealed that one of his six-hour playthroughs of Fallout: New Vegas had been given a strike due to supposedly including the song ‘Done’ by music artist Aduego. 

However, this track was never actually in Albino’s video. Instead, the audio that plays at that particular point in his playthrough was the jingle from a Samsung washing machine, which plays when a wash cycle is complete.

Sadly, it’s even dumber than that. Apparently this recording by this particular “artist” isn’t a song at all, but just an upload of that same washing machine jingle that’s been on YouTube for nearly a decade. So, some rando records his washing machine jingle, uploads it to YouTube, then registers it with ContentID, and goes around demonetizing other YouTube videos where the jingle plays. And, because of how ContentID is policed — or not —, none of this is caught by anyone at all.

Albino also pointed out the myriad of comments criticizing Aduego underneath his video, with one viewer writing: “Did you record the Samsung washer, then upload it to YouTube with a content ID?” At the time of writing, it appears that Adeugo’s video has been either privated or removed from YouTube.

“This is the most egregious example of the MANY outright fraudulent content ID claims I’ve gotten over the years,” he wrote. “Are you guys doing anything to prevent this? It’s completely out of hand.”

YouTube’s response was of standard fare. It indicated that Albino could dispute the strike and then Adeugo would have 30 days to respond. This of course would open Albino’s channel to the risk of being bounced off the platform completely. Whatever this is, it is obviously not good and sound enforcement of valid copyrights.

But we’ve had a million of these posts on the site over the years and it doesn’t seem to be getting any better. At some point, YouTube is going to have to come to terms that its Content ID system is broken and come up with something better. If all of this can occur because of a washing machine, after all, there’s no hope for far more nuanced copyright claims and issues.

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Companies: samsung, youtube

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Comments on “YouTuber Has Video Demonitized Over Washing Machine Chime”

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Anonymous Coward says:

The issue YouTube has is that they’re limited in what they can do due to two main issues:
1. The need to stay in compliance with DMCA’s Safe Harbor provisions.
2. The sheer scale of content uploaded to YouTube every minute of the day.

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This comment has been deemed insightful by the community.
bhull242 (profile) says:

Re: Re:

  1. It’s the DMCA, not §230. §230 explicitly doesn’t cover intellectual property claims (patents, trademarks, or copyright), and so the DMCA is what provides safe harbors from copyright claims for online services. The main distinction is that the DMCA has conditions for receiving safe harbor (namely having a DMCA agent to receive copyright notices and having a policy where you respond to DMCA takedown notices by removing the offending content, where any content you do take down cannot be used to support a copyright infringement claim against the intermediary), while §230 has no such conditions; the only sorta condition is that the content must be third-party content. The only way this would maybe be a consequence of §230 is in the fact that §230 excludes IP and so therefore doesn’t offer ICSs protection from those claims, but that would be the case even if §230 didn’t exist in the first place.
  2. Strictly speaking, ContentID isn’t required by the law, not even DMCA’s safe harbor provision. There is no requirement in the law for ICSs to proactively monitor the content posted by users using their service for any potentially infringing content. ContentID was put in place to appease big copyright holders (like the RIAA). So no, this wasn’t chosen as a way to comply with the law at all. This was a choice YouTube made to get big copyright firms to shut up already.
Anonymous Coward says:

Re:

Suggesting YouTube is some sort of passive victim here is ridiculous. They’ve made choices that they could absolutely make differently.

As just one point: they could allow disputes in a much safer way for the disputer. This case isn’t subtle and any human looking at the problem knows how to rule. Further, the set of registered ContentID claims should be vetted before being handed in to any automated system.

Anonymous Coward says:

Re:

Mere seconds, especially in comparison to hours, should not break copyright law of any kind.

It may or may not actually do that. It doesn’t matter. This is just the rational response to the law, as written by a bunch of out-of-touch boomers and their lobbyists in 1998.

It’s just shit on shit.

Anonymous Coward says:

Re: Re: Re:

What does 1998 even have to do with it? The DMCA only added safe harbors, not any new forms of liability for distributors. And many countries still get along without any such thing, because courts have enough common sense to know it’s not the platform’s actions that violate the law.

Copyright notices became somewhat optional in the USA on January 1, 1978, and fully optional by March 1, 1989; that was to satisfy the Berne Convention, which did away with the idea a hundred years earlier, and which South Korea (home of this washing machine manufacturer, Samsung) joined in 1996. If not for that, sounds published without proper notice wouldn’t be subject to copyright at all, and it’s likely that nobody would’ve bothered for something so trivial. Anyway, if you’re looking for someone to blame, look back to the 1880s; the Convention does not require any minimum standard of creativity, nor anything like “fair use”, and requires that copyright be automatic. (At that time, the bullshit concept of “generation labels” didn’t even exist.)

This comment has been deemed insightful by the community.
Rico R. (profile) says:

Isn't copyright ironic?

Copyright defenders will claim that the law incentivizes creativity and ensures creators get paid fairly. But this situation makes a mockery of that claim. I’m sure many small online creators (like myself) make next to nothing from our content. Yet, scammers can abuse YouTube’s copyright-policing bots to passively make money from 6-hour videos they didn’t make just because the video featured a 3-second jingle they don’t own that was played on one of the newest music players: Washing Machines! But go on, copyright maximalists, tell me how this is a one-in-a-billion chance story over all the piracy that’s being stopped by laws you insist still aren’t strong enough.

Anonymous Coward says:

Re:

Copyright maximalists will claim that the law incentivizes creativity and ensures creators get paid fairly.

FTFY. YW. Not all copyright defenders make this claim, and in fact, some point to cases where copyright is in place to ensure that the masses can access free content rather than a defunct company locking it up forever.

Anonymous Coward says:

Re: Re: Re:3

Not at all. My argument is that if copyright disappeared tomorrow, pay-for-free-game companies like EA are very likely to host versions of free games that are filled with micropayments and flood the Internet with links to them in an attempt to drown out the truly free offerings. Nice try at a strawman, though. No better way to show you have no legitimate argument to make.

Anonymous Coward says:

Re: Re: Re:4

My argument is that if copyright disappeared tomorrow, pay-for-free-game companies like EA are very likely to host versions of free games that are filled with micropayments and flood the Internet with links to them in an attempt to drown out the truly free offerings

This still doesn’t explain how copyright ensures people have access to free content. If you’re terrified of companies who flood the market with free-to-play options, that’s what we already have. Copyright mechanisms are not going to stop this trend.

Nice try at a strawman, though. No better way to show you have no legitimate argument to make.

You’ve done nothing to demonstrate how copyright law’s existence prevented the doomsday scenario described above. Copyright law exists right now and I had to look up the example you brought up. Copyright law is not encouraging abandoned freeware to have a larger share of voice. If that’s what you’re suggesting, you’re wrong. If that’s not what you’re suggesting, maybe you should have explained better instead of turning up your nose at “strawmen”. Because I remember what happened when you desperately tried to speak on behalf of Bayside Advisory.

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Sabroni says:

Contract

I’m sure if he checks his contract with youtube he’ll see that there is precisely fuck all he can do about it.
Basing your life on an income that can stop at any point is not a grown up approach.
You’re not employed by youtube, if you don’t have at least one other similar sized income stream then your income is never secure.
This content id stuff is poor tech but the real issue here is a broadcaster (YouTube) who people just give content to. No wonder they can fuck you around. This isn’t a utopia where everyone becomes rich. It’s a fucked up system where millions of people give youtube free content so thousands of people can make a “living” if youtube decides to pay them.
When this starts affecting alphabet’s bottom line they’ll fix it.

This comment has been deemed insightful by the community.
bhull242 (profile) says:

Re:

I’m sure if he checks his contract with youtube he’ll see that there is precisely fuck all he can do about it.

Congratulations on stating the obvious, though the contract isn’t the main issue here.

Basing your life on an income that can stop at any point is not a grown up approach.

Pretty much every source of income can stop at any point. And many grown-ups are artists or actors or work in for-hire occupations, and the incomes for such occupations are every bit as variable or unreliable as being a YouTuber or streamer, if not more-so. This sort of “being a YouTuber/streamer is not a ‘real’ job” mentality is stupid.

You’re not employed by youtube, if you don’t have at least one other similar sized income stream then your income is never secure.

True of many other occupations as well.

Anonymous Coward says:

Re:

Classic Sabroni, he’ll blame anyone and everyone except the scammer abusing copyright law to make a quick buck, or the pro-copyright entities that enabled the loophole in the first place.

Basing your life on an income that can stop at any point is not a grown up approach

You know, plenty of children and undergrads were told to base their life on an income with a single company. It wouldn’t stop, they were told. Company loyalty is important, they were told. Now they’re told that if they’re not jumping ship every two to three years they’re losers.

The result is that nobody gives a single solitary fuck about corporate loyalty. We already assume that income can and will stop at any time because some corporate leader decided to be an asshole for the day.

if you don’t have at least one other similar sized income stream then your income is never secure

Ah, yes, because that’s exactly what companies want, employees burning themselves out doing multiple active income streams. That clearly won’t burn them out or make their efforts more inefficient.

This content id stuff is poor tech but the real issue here is a broadcaster (YouTube) who people just give content to

ContentID isn’t “poor tech”. It’s working exactly as intended. Your pro-copyright interests and entities demanded a system in which detecting possible infringements and requesting takedowns would be seamless, require minimal effort, and be nigh impossible to challenge.

The result is that you have people claiming to be Sony making a copyright claim for Pokemon music, because your team insisted on having a system where having to prove your identity and copyright ownership is unnecessary. Which makes it funny each and every time your team tries to insist that you can’t use ContentID the way you want it to, while all sorts of scammers across the world have no trouble at all. (Maria Schneider stands out as an example in particular for trying to claim she wasn’t allowed to use ContentID, and had to use a fake antipiracy company’s fake evidence to try and push her claims, then run like hell once she was caught out.)

This isn’t a utopia where everyone becomes rich

Just like the real world, you mean?

When this starts affecting alphabet’s bottom line they’ll fix it

Unlikely, for two reasons.

Anything that requires more stringent checks on the part of copyright holders – such as actually requiring people to submit a proof of copyright ownership – will always be rejected by copyright holders, because they absolutely do not want to take responsibility for when things fuck up. That means Google or Alphabet will need to sit down and assign people to manually review submissions, which leads to the second reason as to why they’re not going to fix it. It won’t be practical to review this because it will get too slow, and the copyright holders won’t want manual reviewers either – because they want the process to be near instantaneous.

Sure, people are going to absolutely criticize Google. But not for the reasons you think. None of this is going to put copyright in a flattering light.

bhull242 (profile) says:

Re:

I don’t have any reason to believe that YouTube specifically wanted people to submit fraudulent copyright takedowns using ContentID, so I wouldn’t say this is it “working as intended”. I do agree that YouTube is unlikely to care enough to fix the issue, and that this could be “working as expected,” but that’s not the same as “working as intended”.

Anonymous Coward says:

Apparently this recording by this particular “artist” isn’t a song at all, but just an upload of that same washing machine jingle that’s been on YouTube for nearly a decade.

Can someone notify Samsung of this so they can put in a copyright strike against Aduego’s video and stop all of his nonsense cold?

Anonymous Coward says:

Re: Re: Re:

Specifically, the jingle version of Die Forelle that plays on Samsung washing machines belongs to Samsung. Other jingle versions can exist, even if substantially similar, if they were independently created by others, which is exactly what both copyright maximalists and minimalists are working toward eroding.

Anonymous Coward says:

Re: Re: Re:

the jingle version of it would belong to Samsung

What exactly would ‘the jingle version’ mean? There does at least have to be some (new) creativity to get a copyright. If someone at Samsung did the equivalent of ‘play “abcde”‘ in Qbasic, or any such ‘purely mechanical’ translation, it probably wouldn’t qualify, though they might be able to use trademark law to prevent other companies using the same tune on their laundry machines.

Anonymous Coward says:

Re: Re: Re:3

The particular expression is copyrightable, as always.

No, not always. Quoting “Compendium of U.S. copyright office practices”, 3rd edition:

Works that contain no expression or only a de minimis amount of original expression are not copyrightable and cannot be registered with the U.S. Copyright Office. […]
However, short musical phrases are not copyrightable because they lack a sufficient amount of authorship (just as words and short textual phrases are not copyrightable). See 37 C.F.R. § 202.1(a); see also Chapter 300, Section 313.4(C). For example, the phrase, “I love you so much it hurts” is both too short and too lacking in creative spark to be registrable. Similarly, a short phrase of only a few musical notes, such as clock chimes or “mi do re sol, sol, re mi do” would be considered too short and too lacking in creative expression to be registrable.

It does say “A derivative work, compilation, or collective work that contains public domain material may be registered, provided that the new work contains a sufficient amount of original authorship.” But what might that be in this case?

bhull242 (profile) says:

Re: Re: Re:2

What exactly would ‘the jingle version’ mean?

Basically, the specific recording and instrumentation is Samsung’s even though the composition is not.

There does at least have to be some (new) creativity to get a copyright.

I’d say the creativity would be in the choice of instrument and where to start and stop. (It’s not like the entire song plays.)

Anonymous Coward says:

Re: Re: Re:2

There does at least have to be some (new) creativity to get a copyright.

The Cornell Law School says the following:

“Sound recordings” are works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.

Rather explains why there are copyrights on vinyl tracks that are copies of MP3 tracks that had copyrights on music that previously existed on CDs, which had copyrights on music that previously existed on cassette tapes, which had copyrights on music that previously existed on vinyl records. Basically, the recording itself constitutes a new copyrightable work regardless of any added creativity.

Anonymous Coward says:

Re: Re: Re:3

Rather explains why there are copyrights on vinyl tracks that are copies of MP3 tracks that had copyrights on music that […]

That’s because copyright can last like a hundred and fifty years, not because format-shifting restarts the clock.

Basically, the recording itself constitutes a new copyrightable work regardless of any added creativity.

No; the U.S. Copyright Office is clear about this:

803.6(B) … To be registrable, a derivative sound recording must contain a sufficient amount of new, creative sound recording authorship. Where the changes made to the preexisting sound recording are the result of a purely mechanical process rather than creative human authorship, or where only a few slight variations or minor additions have been made, registration will be refused. … Although sound-alike recordings do not infringe preexisting sound recordings, a sound-alike recording is not copyrightable unless it contains new, original and sufficiently creative authorship to support a new registration. 17 U.S.C. § 114(b). A virtually identical sound-alike recording will be refused registration. …
803.9(F)(4) – Unacceptable Authorship Terms for Derivative Sound Recordings
The following terms generally denote de minimis authorship and thus are not acceptable descriptions for a claim in new or derivative sound recording authorship:
Declicking; New format; Noise reduction; Reissue

Anonymous Coward says:

Re: Re: Re:5

a new recording from the same master does

Only if remixed, and only maybe: “However, the registration specialist will communicate with the applicant to clarify a [copyright] claim in a remix from monaural or stereophonic sources, because in such cases it is unlikely that there was sufficient derivative authorship.” (Compendium of U.S. copyright office practices, third edition, 803.6(B)(2))

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Anonymous Coward says:

Re: Re: Re:3

Are you seriously arguing that a computer synthesis of a particular piece of music involves no human input?

Certainly not. I’m saying that it can be a non-creative process. Back in the 1990s, I occasionally did it in Qbasic without creativity. Just look at the sheet music… okay, those notes are B, C, G, A, etc., so ‘PLAY “BCGA”…’. Maybe with adjustments for note lengths and octaves, as printed.

The same was often done for MIDI. It’d be up to a court to decide whether Samsung’s rendition of this public-domain work was such a mechancial transformation, or added enough creativity to get a copyright. “Human input” alone is not enough; SCOTUS explicitly repudiated the “sweat of the brow” doctrine in Feist Publications, Inc., v. Rural Telephone Service Co., and it is U.S. law that YouTube generally tries to follow.

Anonymous Coward says:

Re: Re: Re:5

I didn’t realize that choosing which particular part of the composition to use and coding it (or whatever) to create a washing machine jingle features no work beyond mere sweat of the brow.

Do you have any reference for a court accepting “choice of excerpt from a public-domain work” as making something copyrightable? The “Compendium of U.S. copyright office practices” isn’t explicit, but gives all kinds of non-copyrightable examples of that sort of thing. Like “A public domain photograph of Winston Churchill combined with the word ‘Commitment’ and the quotation ‘Never, never, never give up.'”—the choice of photo and quote might be creative, but I guess not creative enough.

As for whether coding is sufficient creativity, that’s still a “maybe”. You seem to have basically ignored every part of the message you replied to in order to dismiss that.

That Anonymous Coward (profile) says:

Mistake 1 – Believing anything big content claims
Mistake 2 – Believing they would NEVER EVER misuse the power
Mistake 3 – Not questioning how something as short as a dryer chime costs big content money
Mistake 4 – We should have elected officials who actually understand technology or at least have a department charged with making finger paintings they can understand to grasp the issues that exist.

DannyB (profile) says:

Lyrics

Many years ago I made up my own lyrics for the Samsung washer/dryer melody. (It is “Die Forelle” and has German lyrics that do not match the following.)

I’m done come get your clean clothes
The cycle is complete
The wash and rinse have finished
The spin was fast and strong
I’m ready now to be emptied
Don’t make me wait too long
I’ll be here patiently awaiting
I’ll soon repeat this song

(…after several minutes another short jingle plays…)

Please don’t forget your clean clothes!

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