2 Days, 2 Strikes. Am I Already Out?

[DoomPriestK]

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

There are some wrestlers who had famous intros, HHH had motorhead's "The Game" but i'm unsure if the band who played the rocks original intro were actually a band in the proper sense and not hired just to come up with the beat as the rock does any and all speaking during the song.

In either case, if he had a copyright strike for the song I feel confident it would be the WWE initiating it in this instance, and even if it wasn't the video is usually blocked in situations like this.

There is the odd occasion where they simply decide to allow the video but take all the AD revenue, i'm unsure if this is the case but would assume there has been no strike so far.

Which begs the question, how does this person have the right when the OP is being claimed against?

Subscribers, views and/or high popularity levels are no defence.

 

[Shakycow]

Which begs the question, how does this person have the right when the OP is being claimed against?

Why does it matter what someone else is doing or has done? They may have connections, paid for the proper permissions, or have simply been extremely lucky... ultimately, it doesn't matter since it could be one of any number of reasons and there's virtually no way to find out the exact reason.

Far too often people focus on what other people are doing or trying to compare themselves... the "if they do this, why can't I?" mentality. Some people have gotten off of murder charges, but I'm not about to go out and kill people.

Copyright law is fairly well established and, while fair use is still a semi-grey area, the criteria for using copyrighted works are well known.

If you want to stay out of trouble, abide by the rules or be prepared for a copyright strike, monetizing claim, or possibly even a lawsuit.

 

[Surreal469]

...Subscribers, views and/or high popularity levels are no defence.

Agreed. But it often times does play a factor. another issue might be what network he's partnered with vs my network (Maker). I contacted them to see if they could help. No response.

I BELIEVE (don't quote me) GAUA said in a recent video he uses such small amounts of the song...etc. But That doesn't matter either. I had another video striked by WWE where they claimed I used 4 whole seconds of their material. I fought that one and won. But the point is, (As Rock would say) IT DOESN'T MATTER how much material I or GAUA used.

The problem is YT still doesn't seem to care to fix the problem. And with the gap widening between them and other sites like DailyMotion and Vimeo, they have no reason to.

UPDATE: The guy who issued the 1st strike emailed me saying he attempted to retract it but nothing has changed on my account. If the earlier poster was right and the strike can't be removed since I deleted the video, that sucks. I'm trying to contact YT any way I can to get that removed.

WWE has until 6/6 to answer my latest counter to their strike. Hopefully they ignore it and I win by default. I'm adjusting my planned WWE video for this month so I'll use pictures only on YT (ala WhatCulture) and give the full video version on my DailyMotion and Vimeo channels.

I called and contacted as many low cost/pro bono lawyers as I could over the past week. No responses.

All that said, I'm moving forward. I just ordered a better camera I can't wait to get and am still making videos. Albeit I have to make sure they're all under 15 minutes now and if I start on a good rant, there's no way that's happening. Lol.

 

[DoomPriestK]

I called and contacted as many low cost/pro bono lawyers as I could over the past week. No responses.

Check out this video:

timestamp 3:02

This is a video game lawyer on YouTube, perhaps you could contact him also, he's helping H3H3 and I believe he does it pro bono in 99% of cases.

I believe he's called VideoGameAttorney on reddit etc but called Ryan Morrison on YouTube

His channel is here, only one video but he explains what he does in that video, give him a shout:

[DOUBLEPOST=1465042697,1465041866][/DOUBLEPOST]

Far too often people focus on what other people are doing or trying to compare themselves... the "if they do this, why can't I?" mentality. Some people have gotten off of murder charges, but I'm not about to go out and kill people.

Copyright law is fairly well established and, while fair use is still a semi-grey area, the criteria for using copyrighted works are well known.

If you want to stay out of trouble, abide by the rules or be prepared for a copyright strike, monetizing claim, or possibly even a lawsuit.

This is incorrect.

Firstly, what person in any world would compare the act of murdering because someone else did it, to reviewing an entertainment show? this has no bearing on the issue whatsoever and is clearly a severe example in a completely different area.

it's fair use, the OP IS abiding by the rules, which happen to be LAW, this is simply a case of a large company either hating smaller creators, or trying to control their content to the point where nobody on earth can view anything related unless it's streamed by them to you in some sort of impenetrable / unhackable / high subscription service which conveniently nets them a crap load of money.

Saying a person does not abide by the rules of fair use or copyright simply because they have a strike is unfair, and an "abide by the rules or else" attitude is something which one day I hope gets wiped off the face of the earth as it's a toxic attitude and does nothing to help society at all (especially regarding these matters, where someone is throwing their weight around to try and bully a YouTuber into doing something they shouldn't have to do)

That being said there may be some unknown factors, perhaps he does have permission but I doubt it, and even if he does the OP is well within rights to post a new review under fair use, so the OP doesn't need permission at all.

The fact is:

- They are wrong

- The OP is right and well within their rights to criticise or review anything they like, the criteria for this is as you say "well known". I can even find the rules for you if it's not clear?

Not entirely sure why you said that when the OP is clearly right.

 

[Surreal469]

UPDATE: The 1st strike still stands as of now. I'm doing my best to get the email thread between the guy and myself in the hands of ANYONE at youtube. But I doubt that'll happen.

My WWE claim has been DROPPED (I'm guessing by default.) The video is back up and the strike has been removed! You can check it out here and make up your mind to see if I was in the right or not. (Look up "Stone Cold Day" on my channel) It's a shame that this took nearly 3 months to clear up. Hopefully I won't have the same issue with my next review of a WWE point in history or anything else.

Also, as I clicked through to the "My Channel" page, I was asked to take part in a survey which I did. the main topic was whether Youtube helps smaller channels (which I honestly answered it doesn't.) But along the way I was asked whether I upload to other sites and what they were and about their copyright policy. I was brutally honest but not rude. HOPEFULLY, enough of these surveys get to the hands of the right people and they can fix this tired 3 strikes policy before it does anymore harm to my or any other channel. If you get the chance to participate, DO IT!

 

[Uncivilized Elk]

If the WWE acts how I assume them to act, expect a claim to pop back up on your video. Seriously, the same video can get claimed mlutiple times despite already having been claimed unless YT changed that in the past year.

I had an old video (no longer on my channel) where I discussed a boxing match get claimed, and after winning the dispute, the claim went back on that video the next day. It's BS, but just letting you know so it's not a total shock if it happens.

 

[Surreal469]

If the WWE acts how I assume them to act, expect a claim to pop back up on your video. Seriously, the same video can get claimed mlutiple times despite already having been claimed unless YT changed that in the past year.

I had an old video (no longer on my channel) where I discussed a boxing match get claimed, and after winning the dispute, the claim went back on that video the next day. It's BS, but just letting you know so it's not a total shock if it happens.

Damn.. thanks for the heads up

 

[TheSwedishTraveler]

If the WWE acts how I assume them to act, expect a claim to pop back up on your video. Seriously, the same video can get claimed mlutiple times despite already having been claimed unless YT changed that in the past year.

I had an old video (no longer on my channel) where I discussed a boxing match get claimed, and after winning the dispute, the claim went back on that video the next day. It's BS, but just letting you know so it's not a total shock if it happens.

That sucks, that they have to be so persistant and just doing it just for the sake of it!

 

[DoomPriestK]

UPDATE: The 1st strike still stands as of now. I'm doing my best to get the email thread between the guy and myself in the hands of ANYONE at youtube. But I doubt that'll happen.

My WWE claim has been DROPPED (I'm guessing by default.) The video is back up and the strike has been removed! You can check it out here and make up your mind to see if I was in the right or not. (Look up "Stone Cold Day" on my channel) It's a shame that this took nearly 3 months to clear up. Hopefully I won't have the same issue with my next review of a WWE point in history or anything else.

Also, as I clicked through to the "My Channel" page, I was asked to take part in a survey which I did. the main topic was whether Youtube helps smaller channels (which I honestly answered it doesn't.) But along the way I was asked whether I upload to other sites and what they were and about their copyright policy. I was brutally honest but not rude. HOPEFULLY, enough of these surveys get to the hands of the right people and they can fix this tired 3 strikes policy before it does anymore harm to my or any other channel. If you get the chance to participate, DO IT!

Good stuff, let's hope they don't start again with this

 

[Surreal469]

UPDATE: After working it out with the guy who issued the claim, I submitted a counter notification that he let go on his end so now I don't have any strikes!

...For now.