YouTuber Totally Not Mark Hit With 150 Copyright Claims

YouTuber Mark Fitzgerald of Totally Not Mark, best known for his manga and anime videos, has been smacked in the face with 150 copyright claims by Toei Animation. 

“Over the last twenty-four hours, I’ve sat back in disbelief, shock, and sorrow as my life’s work has been unfairly ripped away from me.

“Two nights ago, I received an email notifying me that fifteen of my videos had been copyright claimed and blocked by Toei Animation.

“One hour later, that number rose two twenty-eight. And when I woke up this morning it had reached a total of 150 videos that my audience can no longer see and that I can no longer monetize. 

“And, as a result, the main source of my company’s income is now gone.” 

Totally Not Mark Was Totally Following The Rules

Mark claims, probably rightly so, that he and his employees were adhering to YouTube policy regarding fair dealing and fair use. Copyright issues, especially in the YouTube sphere, are nothing new. 

Established YouTubers, like Totally Not Mark, are more than aware of these standards. Any YouTuber who claims they are unaware of copyright laws is either lying or very, very stupid. 

In the United States, there are general fair use doctrines within copyright law. It allows limited use of copyrighted material without requiring permission from the rights holders. Examples of fair use would be commentary, criticism, parody, news reporting, research, teaching, or scholarship. 

Toei Animation, however, adheres to Japanese copyright laws. And Japanese copyright laws are very different. 

Copyright Laws In Japan

Japan does not have general fair use doctrines in its copyright laws. Rather, there are moral rights. There are allowances for parody and private use, as well as for reproductions for schools and libraries. Here are the moral rights:

• Art. 18

The author shall have the right to offer to make available to the public his work that has not yet been made public.

• Art. 19

The author shall have the right to determine whether his true name or pseudonym should be indicated as the name of the author.

• Art. 20

The author shall have the right to preserve the integrity of his work and its title against any distortion, mutilation, or other modification against his will.

In Japan, the author or the creative material a lot of control over how their work is presented, reproduced, transmitted, adapted, and exhibited. 

That means that if an author doesn’t want their work on YouTube, it won’t be there. That poses a conflict for how YouTubers like Totally Not Mark function. 

YouTube’s Copyright Policy

Here is YouTube’s official copyright policy. YouTube has an automated copyright claims system. A real, live person only reviews appeals to copyright claims. This can make the process incredibly slow, leaving YouTubers like Totally Not Mark on the short end of the stick. 

Whether or not YouTube will update its policy to accommodate domestic and international copyright laws is uncertain. 

Do you think Toei Animation is right in their claim? Should Totally Not Mark have the right to use their content for his videos? Comment below and let us know!