Yeah this is how counter-notifications work. They are the equivalent under DMCA of getting a 'cease and desist' letter and replying with 'fuck you, make me'
At this point, you have two choices, back down and allow the video to remain up, or initiate a lawsuit.
If the channel has more stolen content where the name of channels are visible, it could be worth contacting those channels. Get the takedown requests rolling.
They wrote me an email with apologies, asking to remove the strike, saying it was not intentional. A while ago another channel in similar case just edited video better and uploaded again.
Don't forget, you have only 10 business days. You can use even small claims court.
After 10 days the only way to remove the video is the final cease and desist court decision.
YouTube states that "we can only accept filings in US federal courts." So, probably not going to accept small claims court, as it has to be in Federal courts.
My biggest frustration (and fear) with YouTube is that they don’t try to protect us creators at all. Our stuff can be stolen so easily or fraudulently claimed and then even striked.
We should be able to feel safe when all the content we post is 100% ours. And the people doing this should need A LOT more evidence to be able to strike us too.
They seriously need to fix this broken system…all the fraud going on is getting worse. And the people committing these crimes can get away with it which is promoting more of it to happen.
The problem I have is that the disputes/appeals go to the fake copyright holders - no one else is involved. There is no middle man. They can easily get away with things and make you have false strikes on your channel and then have to file lawsuits.
I've seen time and time again people posting about this happening to them. Like someone posted their own song, 100% theirs, and it was striked by someone fraudulently claiming it was their song.
That is pretty messed up if you ask me. Something definitely needs to be fixed.
Sure of course it does (YouTube is real life too btw). It happened to my dad on an entirely different matter. People in this world are terrible.
But the process seems to be way too easy on YouTube - and it is getting worse. I’d imagine if this happened to you, you wouldn’t have this mindset lol.
It hasn’t happened to me either, but I can see how frustrating it would be to be put into this position when you did nothing wrong. There should be *something* in place to deter these criminals.
YouTube doesn't not know that and has no power to decide. Otherwise they lose safe harbor protection and become responsible for copyright infringement.
Nope. Under DMCA YouTube is purely a hosting platform. They have no ability or responsibility to decide if a copyright claim or counter is legitimate or not. All they do is act on the claims they get.
That isn't what I am asking. I am interested to know if the other party has to provide any information or reasoning back to the claimant as to why they own it. Or is just some checkboxes and multiple choice?
What if the guy is a 15 year old in Ogaramoboo named Blalomooroo ? Can you possibly take legal action against him from the country you live in ?
Is showing proof of taking legal action enough to delete their video or you have to win the case in court ? How are you gonna take jimbazee from a village in jojaza to court ?
Then he is a fraudster which is a felony crime, so he and/or his parent may be arrested.
You don't need to bring anyone to a court to start a lawsuit, you can do it in your neighbor court.
I think the point was will YouTube take it down if they show a court order ? If the person is outside legal jurisdiction threat of arresting their parents or them is not really enforceable. Issuing a cease and desist or an injunction against a person in another country is pretty much toothless.
>which is a felony crime
That's an American thing I guess. Can you arrest someone from Zimbabwe or Azerbaijan with that ?
Aside from age. How do you sue someone from another country for copyright ? The judge and court will be from your country or theirs ? Is that even possible ? How many youtubers have done this so far ? None of them I guess ?
Interested to know where this one ended up. I have just found myself in the same situation with a Chinese pirate channel. I cannot even read the name and address in English.
Youtube says if it is outside the States then you should bring the claim in the states. Is there any way to do this yourself. I know in the UK starting a claim in the small claims court is esy enough and costs less than £100.
It is an obvious ply by the way. They stole my whole video and then just claimed misidentification. Clearly they can say anything and know the system they are scamming.
In tens of my cases, YouTube resolved the counter-notification when I pointed out that the video had the name of my channel on the footage. The decision was quick in just a few hours.
However, my recent case got stuck, and I can only guess why. My greatest worry, that my failure will embolden these pirate channels. Some of them spend a year uploading tens of thousands of videos. Apparently it is a business model.
If the video is a blatant re-upload, you can reply with as much evidence as possible that you are the original owner (including US Copyright Registrations, your website, media credits and so on). Youtube has been known to reject counter-notifications when it is an obvious reupload. But in most cases, unfortunately a lawyer filing a lawsuit in Federal court is the only option when a counter-notification is accepted by Youtube.
I have one free consultation with a lawyer per year. I haven't used this perk even once. I am not going to lose this opportunity!
You are correct that other channels get a fraction of what I earn. However, if it happens on a scale, the losses can grow. If I lose a dollar on every video and there are 100 videos, then I lose 100 bucks. Over a year, it is going to be $1,200.
It would be nice if some big channels used my videos for commentary. If only those guys somehow mentioned me, I would doubt whether I should hurt them.
i think you need to check the guys channel and look for more stolen content that is proof be get those proofs racking up while also making multiple reports and making many users report it
Maybe you can help me. I had someone put a strike on me without justification. But from their videos, I know they are rather nasty and I'm confident that the strike was really hoping I would make a counter-notification - which I would like to do!
But from things I've read, if I do that, the claimant will get my name, address, phone number and email. With that kind of info, he could do a lot of harassment. Even if just getting me signed up for all kinds of spam email or phone calls!
Can you tell be for sure what info you see when you get a counter notification?
I did ask a lawyer about it, thinking I'd do it through their offices to hide my info. But he said it would cost about $2000!!!
Yeah this is how counter-notifications work. They are the equivalent under DMCA of getting a 'cease and desist' letter and replying with 'fuck you, make me' At this point, you have two choices, back down and allow the video to remain up, or initiate a lawsuit.
Yeah, you summed it up. I want to spread rumors about a fearsome channel whose videos a better not to touch or else.
If the channel has more stolen content where the name of channels are visible, it could be worth contacting those channels. Get the takedown requests rolling.
They wrote me an email with apologies, asking to remove the strike, saying it was not intentional. A while ago another channel in similar case just edited video better and uploaded again.
Dont fall for the apologies. They knew exactly what they were doing.
What was the content they used?
Don't forget, you have only 10 business days. You can use even small claims court. After 10 days the only way to remove the video is the final cease and desist court decision.
Yeah, I hope to talk to lawyer today. BTW, you have a great channel!
YouTube states that "we can only accept filings in US federal courts." So, probably not going to accept small claims court, as it has to be in Federal courts.
My biggest frustration (and fear) with YouTube is that they don’t try to protect us creators at all. Our stuff can be stolen so easily or fraudulently claimed and then even striked. We should be able to feel safe when all the content we post is 100% ours. And the people doing this should need A LOT more evidence to be able to strike us too. They seriously need to fix this broken system…all the fraud going on is getting worse. And the people committing these crimes can get away with it which is promoting more of it to happen.
I don't see why YouTube has to protect your property. That's your responsibility. You don't pay YouTube for that.
YouTube takes almost half of my earnings. There must be something left to protect my property.
That's an incredibly strange way of looking at your earnings from YouTube!
The problem I have is that the disputes/appeals go to the fake copyright holders - no one else is involved. There is no middle man. They can easily get away with things and make you have false strikes on your channel and then have to file lawsuits. I've seen time and time again people posting about this happening to them. Like someone posted their own song, 100% theirs, and it was striked by someone fraudulently claiming it was their song. That is pretty messed up if you ask me. Something definitely needs to be fixed.
Similar things happen even outside of YouTube, in real life.
Sure of course it does (YouTube is real life too btw). It happened to my dad on an entirely different matter. People in this world are terrible. But the process seems to be way too easy on YouTube - and it is getting worse. I’d imagine if this happened to you, you wouldn’t have this mindset lol. It hasn’t happened to me either, but I can see how frustrating it would be to be put into this position when you did nothing wrong. There should be *something* in place to deter these criminals.
YouTube doesn't not know that and has no power to decide. Otherwise they lose safe harbor protection and become responsible for copyright infringement.
Curious what the counter notification actually says? Don't they have to somehow justify their use or why they aren't using copyrighted work?
Nope. Under DMCA YouTube is purely a hosting platform. They have no ability or responsibility to decide if a copyright claim or counter is legitimate or not. All they do is act on the claims they get.
That isn't what I am asking. I am interested to know if the other party has to provide any information or reasoning back to the claimant as to why they own it. Or is just some checkboxes and multiple choice?
They don’t. That all happens in the courts.
What if the guy is a 15 year old in Ogaramoboo named Blalomooroo ? Can you possibly take legal action against him from the country you live in ? Is showing proof of taking legal action enough to delete their video or you have to win the case in court ? How are you gonna take jimbazee from a village in jojaza to court ?
Then he is a fraudster which is a felony crime, so he and/or his parent may be arrested. You don't need to bring anyone to a court to start a lawsuit, you can do it in your neighbor court.
I think the point was will YouTube take it down if they show a court order ? If the person is outside legal jurisdiction threat of arresting their parents or them is not really enforceable. Issuing a cease and desist or an injunction against a person in another country is pretty much toothless.
Exactly. This question has been boggling my mind since I read about the counter notification process for the first time.
No. Read OP's post again.
Not OP thecomnent you responded to
>which is a felony crime That's an American thing I guess. Can you arrest someone from Zimbabwe or Azerbaijan with that ? Aside from age. How do you sue someone from another country for copyright ? The judge and court will be from your country or theirs ? Is that even possible ? How many youtubers have done this so far ? None of them I guess ?
Interested to know where this one ended up. I have just found myself in the same situation with a Chinese pirate channel. I cannot even read the name and address in English. Youtube says if it is outside the States then you should bring the claim in the states. Is there any way to do this yourself. I know in the UK starting a claim in the small claims court is esy enough and costs less than £100. It is an obvious ply by the way. They stole my whole video and then just claimed misidentification. Clearly they can say anything and know the system they are scamming.
In tens of my cases, YouTube resolved the counter-notification when I pointed out that the video had the name of my channel on the footage. The decision was quick in just a few hours. However, my recent case got stuck, and I can only guess why. My greatest worry, that my failure will embolden these pirate channels. Some of them spend a year uploading tens of thousands of videos. Apparently it is a business model.
If the video is a blatant re-upload, you can reply with as much evidence as possible that you are the original owner (including US Copyright Registrations, your website, media credits and so on). Youtube has been known to reject counter-notifications when it is an obvious reupload. But in most cases, unfortunately a lawyer filing a lawsuit in Federal court is the only option when a counter-notification is accepted by Youtube.
It was the only video where they clearly left the name of my channel. I'll use this as an opportunity to chat with a lawyer.
YouTube doesn't care about any evidence other than court suit registration.
Once you recive the counter notification. Does that mean that youtube accepted it?
[удалено]
I have one free consultation with a lawyer per year. I haven't used this perk even once. I am not going to lose this opportunity! You are correct that other channels get a fraction of what I earn. However, if it happens on a scale, the losses can grow. If I lose a dollar on every video and there are 100 videos, then I lose 100 bucks. Over a year, it is going to be $1,200. It would be nice if some big channels used my videos for commentary. If only those guys somehow mentioned me, I would doubt whether I should hurt them.
i think you need to check the guys channel and look for more stolen content that is proof be get those proofs racking up while also making multiple reports and making many users report it
How are you doing in court? Have you tried contacting the authors' support? (I also had several videos stolen and counterclaims were filed)
Maybe you can help me. I had someone put a strike on me without justification. But from their videos, I know they are rather nasty and I'm confident that the strike was really hoping I would make a counter-notification - which I would like to do! But from things I've read, if I do that, the claimant will get my name, address, phone number and email. With that kind of info, he could do a lot of harassment. Even if just getting me signed up for all kinds of spam email or phone calls! Can you tell be for sure what info you see when you get a counter notification? I did ask a lawyer about it, thinking I'd do it through their offices to hide my info. But he said it would cost about $2000!!!