2 Days, 2 Strikes. Am I Already Out?

Surreal469

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WWE or not they are wrong.

What puzzles me is why YouTube themselves don't step in and say yes or no as to if this actually constitutes Fair Usage

I would contact YouTube, argue this strike is unjust and ask someone in customer services to look at it, or forward the issue onto someone who can view the video and make judgement.

If it constitutes Fair Use then YouTube should be contacting the WWE and saying they have no choice to allow this because it's US COPYRIGHT LAW, that's something everyone has to abide by, even the mighty WWE.

YouTube has now stated it will ACTIVELY defend people who gain unfair copyright strikes, they tend to prioritize top earners but that's besides the point, you should be represented as fairly as everyone else.

the WWE being who they are will likely then puff out their chests, take it to court........then lose.

By the way, you have under 10 mins of footage right? even muted? people who review stuff like Game of Thrones tend to keep it to under 10mins of footage (may be 20 but can't remember right now so said 10 to be sure lol) and they have no problems, I know HBO isn't the WWE but HBO fall in line because it's the law.

Another thing, I never understood why companies like this are so idiotic that they can't see that publicity, even bad publicity, is still a valid form of marketing (i'm not even sure if you criticized what you were reviewing or praised it though). If you praised it then they are even bigger idiots.

Another thing, make sure you give it a couple of days after main events to post reviews, lots of companies get shirty about spoilers so close to release day.
The question is who at youtube to I contact?

I’m looking into finding a lawyer. But I don’t have a lot of money (which is what companies bank on).

I use clips that are less than a minute (often looped) to prove the points in the video.

It’s frustrating. I’m trying to grow my channel and this happens.
 

subversiveasset

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Just wanted to point out: fair use is a legal defense. So, that means you can only really figure out if something is fair use or not in a court of law (that is, they formally accuse you and sue you for copyright infringement, and in court, you use fair use as a defense against that accusation). Most people don't have the time/money/resources to go through that process.
 
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UKHypnotist

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Also if you have a copyright dispute active (the vlog where you reached out to the YouTube who "struck" you), deleting the video was the very worst thing you could do. There is no way to resolve that strike now, as the video unit which was struck no longer exists.

If you get one more strike now, your channel and your YouTube career is terminated.
 
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Uncivilized Elk

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What a douche!
If it was the standard sort of "reaction" where you throw your face in the corner of a video in its entirety, nah, he had every right to try and get a strike given out for that.

The WWE stuff, as GrgakGames said, is a case of one of those companies that will flag you for using any footage. Maybe you could get away with super brief 10 seconds clips, or maybe their much older stuff, but anything relatively recent will be flagged hard by them. If you had your own website, you could host your content until they took you formally to court for doing so. YT has its own interests to protect so it will almost always bow out and give strikes when intent to take the issue to court is provided to them through the copyright process.
 

Surreal469

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If it was the standard sort of "reaction" where you throw your face in the corner of a video in its entirety, nah, he had every right to try and get a strike given out for that.

The WWE stuff, as GrgakGames said, is a case of one of those companies that will flag you for using any footage. Maybe you could get away with super brief 10 seconds clips, or maybe their much older stuff, but anything relatively recent will be flagged hard by them. If you had your own website, you could host your content until they took you formally to court for doing so. YT has its own interests to protect so it will almost always bow out and give strikes when intent to take the issue to court is provided to them through the copyright process.
The vlog I couldn't have cared less about. It was a "standard" reaction (though, I do/did a lot more talking/critiquing in my reactions than most.). But I get it. Whether he wanted me to react to it (which I assumed at the time) and changed his mind or just sent out a blanket email asking people to watch his video (which, I now thin was the case). He wants the video down. He could've just asked me to take it down. That's happened before and it was gone just like that. It didn't have to be a strike.

I was unaware taking it down was the wrong move. I would think the strike itself could still be rescinded though, right? It shouldn't need the file in order to retract the strike.

The WWE situation is just big company overreaching. I used short snippets of low quality footage with no audio. That one I didn't delete because I'm sure I'm in the right.

Has anyone gotten help from their Groups on issues like this? I'm with Maker and was wondering if getting them involved is an option.
 

subversiveasset

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The vlog I couldn't have cared less about. It was a "standard" reaction (though, I do/did a lot more talking/critiquing in my reactions than most.). But I get it. Whether he wanted me to react to it (which I assumed at the time) and changed his mind or just sent out a blanket email asking people to watch his video (which, I now thin was the case). He wants the video down. He could've just asked me to take it down. That's happened before and it was gone just like that. It didn't have to be a strike.

I was unaware taking it down was the wrong move. I would think the strike itself could still be rescinded though, right? It shouldn't need the file in order to retract the strike.

The WWE situation is just big company overreaching. I used short snippets of low quality footage with no audio. That one I didn't delete because I'm sure I'm in the right.

Has anyone gotten help from their Groups on issues like this? I'm with Maker and was wondering if getting them involved is an option.
yeah, it's unfortunate now that the video is taken down, but if you hadn't taken the video down, you could have asked him to remove the strike FIRST and then take the video down. But once the video is down, he can't remove his strike. (Yeah, Youtube is bad like that).

WWE will not budge. They are one of the worst about content usage and will not back down.
 
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Shakycow

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He wants the video down. He could've just asked me to take it down.
If he had sent out a blanket email as you assume, there may have been more than just you who reposted his video.

If that's the case, it's far easier to simply fill out one takedown notice and include all of the links than to go through the hassle of trying to contact each channel individually, wait for a response, and then still hope that they'll take it down.

It's a shame that the only option (unless you're lucky enough to be affiliated with ContentID) is a takedown and a strike- rather than allowing it and monetizing it for yourself.

As others have stated- good luck with WWE. They're known to cause problems and make things difficult for people... even if you're using the videos legally.
 
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DoomPriestK

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Just spotted this, a video by GradeAUnderA where he uses the rocks music at regular intervals, why hasn't this been stomped on by the mighty WWE?

 

subversiveasset

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Just spotted this, a video by GradeAUnderA where he uses the rocks music at regular intervals, why hasn't this been stomped on by the mighty WWE?
looks like all of GradeAUnderA's videos are monetized by Collective Digital Studios/Studio71. It looks like that is his network -- and they are apparently associated with a big German Mass Media company (ProSiebenSat.1)

And you know who created his new YouTube Channel with Studio 71/CDS? None other than Dwayne The Rock Johnson....
 
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TheSwedishTraveler

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Just spotted this, a video by GradeAUnderA where he uses the rocks music at regular intervals, why hasn't this been stomped on by the mighty WWE?

Maybe he has a copyright claim for the song itself, and not from WWE?