Copyright Strike on a Well Known Movie in the Public Domain

horrorgirl

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I've received copyright claims on Night of the Living Dead that were all retracted but one. The company SND claims they own certain parts of the movie and had the movie taken down causing a strike. YouTube has given me absolutely no information on the company trying to claim copyright on this movie.

Has anyone ever had a copyright claim by this company SND? Who are they?

I sent in a rebuttal and had to give my own private information. I'm a little ticked off about it. I don't put other people's intellectual and creative property on my channel unless I've been given permission and I give credit when required. This movie is in the public domain and has been. It's EVERYWHERE.

Thanks
 

DoggoMC

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Try sending an appeal, stating that the content is in the public domain. I'm sure Youtube will remove the claim after seeing this.
 

horrorgirl

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I did the first two times from two different companies it was removed. This time it wasn't and they want all of my personal information. I tried to appeal and youtube said nope. That I had to deal with this SND company. Funny thing is, the 1/2 hour they claim they own of the movie has nothing but dialog. I don't know why they would want my personal information over a public domain video. It's ridiculous.
 

Shakycow

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I don't know why they would want my personal information over a public domain video. It's ridiculous.
You posted a video, they claimed it, you disputed the claim. The following step would be them taking you to court - which is why they need your personal information. For all intents, it's now out of YouTube's hands.

Since NotLD is well known as in the public domain, you should have little to worry about - although the temporary removal of your video, a copyright strike, and the overall hassle will be a major annoyance.
 

horrorgirl

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I'm actually more concerned that someone can just file this and get my personal information without even giving me their info. It's really quite shady.
 
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UKHypnotist

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I'm actually more concerned that someone can just file this and get my personal information without even giving me their info. It's really quite shady.
Actually, no, it isn't shady at all.

This is the way a standard Digital Millenium Coyright Act Counter-Notice must be filed according to United States Law. The reason you as the potential defendant in a copyright lawsuit must give your personal information is as follows:

The plaintiff in said potential lawsuit must be able to serve you with a suit filing notice and summons to appear in court to answer the suit and defend yourself. The minimum information needed for this is your full legal name and address of residence. If or when the suit is filed, you will of course receive the plaintiff's information as that will be contained in the papers you are served with.
 
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horrorgirl

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I don't mean the legal act itself, I mean it seems shady that a person/company would try to claim copyright on something they don't own at all and taking it that far which includes getting my personal information on a video they don't even own or have claims to.

Actually, no, it isn't shady at all.

This is the way a standard Digital Millenium Coyright Act Counter-Notice must be filed according to United States Law. The reason you as the potential defendant in a copyright lawsuit must give your personal information is as follows:

The plaintiff in said potential lawsuit must be able to serve you with a suit filing notice and summons to appear in court to answer the suit and defend yourself. The minimum information needed for this is your full legal name and address of residence. If or when the suit is filed, you will of course receive the plaintiff's information as that will be contained in the papers you are served with.
 
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UKHypnotist

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I don't mean the legal act itself, I mean it seems shady that a person/company would try to claim copyright on something they don't own at all and taking it that far which includes getting my personal information on a video they don't even own or have claims to.
I'm sorry, but that isn't exactly what you said in the post I replied to.

You said only that it seemed shady that they could get your information without you getting theirs in return. Unfortunately unless they actually file against you, you have no right to any information on the claimant which isn't a matter of public record. Have you tried a Google search for this company?

Unfortunately, copyright trolls abound on YouTube, and they will go as far as they can in causing hassle to legit creators. When it comes to the point of having to file a lawsuit however they usually pack it in if they haven't a legal leg to stand on. A judge can levy a penalty on a plaintiff for filing a "frivolous lawsuit"; meaning a suit without basis or legal merit.
 

horrorgirl

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Yes, sorry about that. My wording was off.

From researching it, I believe it is a French company owned by The Weinstein company. Weinstein is both a production company and a DVD distribution company. The recording didn't even come from one of their DVDs. The movie didn't even give me that many hits at all so I'm not really concerned about having it on my site, it's just that I didn't commit a crime on YouTube and that strike needs to be removed.

So far I've had, if I can remember, 3 trolls have tried to claim it and then gave up. This is the only one that stuck.

I found them. It is a DVD distribution company that copied the film from the original source and is trying to claim copyright on the film. It didn't even come from their DVD.
I'm sorry, but that isn't exactly what you said in the post I replied to.

You said only that it seemed shady that they could get your information without you getting theirs in return. Unfortunately unless they actually file against you, you have no right to any information on the claimant which isn't a matter of public record. Have you tried a Google search for this company?

Unfortunately, copyright trolls abound on YouTube, and they will go as far as they can in causing hassle to legit creators. When it comes to the point of having to file a lawsuit however they usually pack it in if they haven't a legal leg to stand on. A judge can levy a penalty on a plaintiff for filing a "frivolous lawsuit"; meaning a suit without basis or legal merit.