Copyright problem.

stepskivuk

stepskivuk

Member
Hi guys. How it's going? I'm partner with Fullscreen and I have one problem.
I have all rights for music on my channel. Also I have agreement which can proove that. Before 1 month I sent copyright claim for some youtube channels which has been used my music on their channel, and that songs has been removed, and that was okay. But before few days, I got this email from youtube:

"We received the attached counter-notification in response to a complaint you filed with us.

We're providing you with the counter-notification and await your notice (in not more than 10 business days) that you've filed an action seeking a court order to restrain the counter notifier's allegedly infringing activity. Such notice should be submitted by replying to this email. If we don't receive notice from you, we may reinstate the material to YouTube."

And I don't know how to response on this email? I hope so that you will get that answer to me. I repeat, I have all rights for that music, and my copyright claims was 100% legal. But now, I don't know what to say. Will I sent agreement to youtube, or sent 'something', I don't know what. I hope so that someone could help me with advice.


Thanks people a lot.

Sincerely.
 
stepskivuk said:
Hi guys. How it's going? I'm partner with Fullscreen and I have one problem.
I have all rights for music on my channel. Also I have agreement which can proove that. Before 1 month I sent copyright claim for some youtube channels which has been used my music on their channel, and that songs has been removed, and that was okay. But before few days, I got this email from youtube:

"We received the attached counter-notification in response to a complaint you filed with us.

We're providing you with the counter-notification and await your notice (in not more than 10 business days) that you've filed an action seeking a court order to restrain the counter notifier's allegedly infringing activity. Such notice should be submitted by replying to this email. If we don't receive notice from you, we may reinstate the material to YouTube."

And I don't know how to response on this email? I hope so that you will get that answer to me. I repeat, I have all rights for that music, and my copyright claims was 100% legal. But now, I don't know what to say. Will I sent agreement to youtube, or sent 'something', I don't know what. I hope so that someone could help me with advice.


Thanks people a lot.

Sincerely.
Click to expand...

You're out of luck, the user is abusing the counter-DMCA process (which is rare).

Your options:
1) You have to take him to court and send YouTube the court notice;
2) or the video will be restored in 14-ish business days.
 
Come on. That's so stupid. How can I take someon to the court who is 1 million miles from me. It's so f*****g stupid. I hope so that there is some normal solution for this. Could I just send to youtube that I take him to to court and didn't do that. Or I have to send to youtube court notice?
 
stepskivuk said:
Come on. That's so stupid. How can I take someon to the court who is 1 million miles from me. It's so f*****g stupid. I hope so that there is some normal solution for this. Could I just send to youtube that I take him to to court and didn't do that. Or I have to send to youtube court notice?
Click to expand...
Yeah it sucks there isn't another option but that's the US law regarding the DMCA and country-notification process (it's not YouTube's policy).

You could try I guess but I doubt it will work, good luck.
 
Two options:

1. contact your Fullscreen rep - they may be able to provide legal assistance (it's not like these things ever really go to court, they're always settled).

2. Send a cease-and-desist message to the infringer of the copyright, threatening legal action. Often that'll be enough to scare 'em into removing the content.
 
1) I contacted Fullscreen today, so I'm waiting for answer, and I hope so that they will help me.
2) Didn't work. I tried.
 
Well, provided a cease-and-desist didn't work, you can always take the person to small claims court.

I would make sure to document what information you have: keep in mind that unless it's reasonable to assume "harm" (that is, you've lost potential revenue from their violation), the case could be dismissed as frivolous.

All that said, your best next step would be to seek legal consultation - they'll best be able to advice whether a suit would be in your financial best interest, and whether there are alternative options available to you.[DOUBLEPOST=1379889993,1379889822][/DOUBLEPOST]Looking at your channel, it's not likely you'd be able to seek much in the way of damages - you're not looking at much lost revenue. That said, if you decide not to pursue legal action now, I'd still keep an eye on the infringing work.

If they suddenly make a million bucks off your material, you could always reconsider pressing charges down the road ;)
 
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