Chef José Andrés is frustrated with Twitter for the removal of his videos for copyright-related reasons, something that we've covered quite a bit so far this year.
On Twitter, Chef José Andrés wrote: “Amazing that @Twitter Will suspend me and take out content #chefsforthepeople recipes without really a detailed explanation of why or whom…..I'm guilty before a judge will Rule.”
Understandably, his frustrations are directed at Twitter. However, the real bad guy in such takedowns is the DMCA – social platforms have to act on DMCA notices, or they risk legal action.
The real problem is Section 512 of the Digital Millennium Copyright Act (DMCA). Under Section 512, anyone reported for copyright infringement is guilty until proven innocent, or as Andrés put it, “I'm guilty before a judge will rule.”
Chef Andrés has been posting his popular and inspiring videos featuring him and his daughter preparing easy meals. The videos, under the hashtag #RecipesForThePeople, are also instructive; with simple steps, anyone can follow to prepare meals during the lockdown.
José Andrés and his daughter cook the meals singing along and even dancing to music. Andrés claims that the music is by artists he knows personally and who have permitted him to use their music.
However, DMCA's section 512 doesn't care much whether or not you have permission. Even if you explain that to Twitter, they will often still take down your video as they do not want to risk copyright infringement liability.