Can I fight a copyright claim if I only used 3 seconds of a song?

AndrewProductionsTV

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So I made a video using a bunch of copyrighted music (which I had permission to use) besides for one song by 21 savage. But the song of his I used was only 3 seconds so I though it wasn't a big deal, youtube doesn't even pick up songs as a copyright match unless you use like 20 seconds I believe. Well the video blew up and I guess 21 savage himself saw the video and how many views it was getting and was like "oh hell yeah I'm gonna take this kids adsense". So now he's making money off the whole video just because of 3 seconds I used of his song.. Is there any way for me to fight this? I DMed his manager on twitter and haven't received a response. watch?v=vZBb8NXn-ug
 
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Balthazaar

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Who is the claim by? 21 Savage, or his record label, Epic? Or is it a third party? You can counter claim, but be warned that if you lose you can end up with a strike- therefore losing your ability to monetize anything. Fair use is a completely gray area in most cases, but as I understand it, most music needs to be licensed to be used legally. Even if it's only 3 seconds of a song. If you were reviewing or critiquing 3 seconds, adding thoughts and opinions, that's more likely to fall under fair use in a transformative way. But you seem to just be using it as background clip music which will fall into the artist/record label's favor. Keep in mind, that you can ask his manager about it, but generally the record label / publishers hold more rights to a song than the artists usually do.

So, you can take your chances by fighting it and risking a denial, or even a strike, or you can just edit over the clip with different music from YT's royalty free music library.

Also, the video you linked- seems to be from a channel that just stole and uploaded your video.
 

Sinc

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edit it and take out the 3 seconds, dont waste your time with copyright claims if you are for certain you did use it.
 

AndrewProductionsTV

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Who is the claim by? 21 Savage, or his record label, Epic? Or is it a third party? You can counter claim, but be warned that if you lose you can end up with a strike- therefore losing your ability to monetize anything. Fair use is a completely gray area in most cases, but as I understand it, most music needs to be licensed to be used legally. Even if it's only 3 seconds of a song. If you were reviewing or critiquing 3 seconds, adding thoughts and opinions, that's more likely to fall under fair use in a transformative way. But you seem to just be using it as background clip music which will fall into the artist/record label's favor. Keep in mind, that you can ask his manager about it, but generally the record label / publishers hold more rights to a song than the artists usually do.

So, you can take your chances by fighting it and risking a denial, or even a strike, or you can just edit over the clip with different music from YT's royalty free music library.

Also, the video you linked- seems to be from a channel that just stole and uploaded your video.
It's his record label, but I did some research and he has his own record label so technically it's him (or his manager). I probably won't fight it because I don't want to risk getting a strike[DOUBLEPOST=1486946699,1486946603][/DOUBLEPOST]
edit it and take out the 3 seconds, dont waste your time with copyright claims if you are for certain you did use it.
How do I edit it? I know there's usually an option to mute it but they're claiming the whole video since it was manually detected so that would mute the whole video :/
 

mr.jacks

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can you fight it? yes but should you well probably not if you know not all the content you used is yours and even if only for 3 seconds if you don't have permission ppl will most likely send a copyright claim to youtube.
 

AndrewProductionsTV

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Good news, I messaged 21 savage on facebook asking him to remove the claim and he did! Never hurts to ask!
 
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As far as things go "Fighting It" probably isnt the best way to go either take it down edit that song out then reupload or if your really worried about them making money off their own song then just delete the video