Finally got my first Copyright Strike

[Idec Sdawkminn]

Hap Palmer, who makes creepy kids educational song videos, has issued a Takedown Notice on the video I made using the content of one of his videos. I guess because he is a small company and doesn't have the Content ID system, that is what he chose to do. I would have rather he asked me to remove the video instead of giving me an actual Copyright Strike. Seems a little extreme to resort to legal action first thing.

I've sent him an email asking him to retract the Takedown Notice and I'll happily set my video to private or remove it. Hopefully, for both our sake, he complies, because I have no problem issuing a counter-notification since I'm pretty sure I could use the Fair Use defense.

 

[Styxie]

Well by uploading it you did violate copyright law so he does have every right to do so!

 

[Cabbage Hunters]

Congrats man. Its always good to start early, ya know?

 

[Idec Sdawkminn]

Well by uploading it you did violate copyright law so he does have every right to do so!

Well certainly, I'm not arguing against that. But just because you have a right to doesn't mean you should. I have a right to issue a counter-notice and keep my video up, but I'm opting to first give him a chance to retract it and I'll take it down on my own. I don't need to do that, but I'm trying to be nice. But I will file a counter-notice if he just ignores me.

 

[Styxie]

Well certainly, I'm not arguing against that. But just because you have a right to doesn't mean you should. I have a right to issue a counter-notice and keep my video up, but I'm opting to first give him a chance to retract it and I'll take it down on my own. I don't need to do that, but I'm trying to be nice. But I will file a counter-notice if he just ignores me.

I doubt you really hae enough ground for a counternotice. If he declines your counternotice, the only option really left is legal.

 

[Crown]

Well certainly, I'm not arguing against that. But just because you have a right to doesn't mean you should. I have a right to issue a counter-notice and keep my video up, but I'm opting to first give him a chance to retract it and I'll take it down on my own. I don't need to do that, but I'm trying to be nice. But I will file a counter-notice if he just ignores me.

"trying to be nice" - Only because you got caught. You're not trying to be nice at all. You're trying to squirm out of it. Let's not forget the fact that you stole his video without asking. Was that being nice?

It's pretty hilarious that you think you should be allowed to just remove the video and face no consequences. If that was the case, everyone would be stealing everyone's videos. - If people don't get caught, they get a load of views, subs and $. And if they do get caught, worst case scenario they just have to remove the video which never belonged to them in the first place?!! lol So there'd be no downside for people stealing copyright and a chance of quite a significant upside. It'd be anarchy. It'd be like a bank robber being allowed to walk free without any punishment if he gives the money back but he gets to keep it if he doesn't get caught.... Yes, that would be a genius legal system

It quite clearly says in YouTubes copyright rules, that removing the video won't get rid of the strike and that's the reason why.

Really not sure why you're making out to be a victim here. You're the one in the wrong and it's pretty hilarious that you think the guy who owns the copyright is being unreasonable. Not sure why you think you'd get any sympathy here.

 

[markkaz]

This comment is not in regards to fair use or not.

It is time consuming to make videos. We don't exactly want to have to take extra time to write people who are using our content. What if I write and then I don't get a response? I have to keep track of if they wrote back or not, further wasting my time.

 

[Idec Sdawkminn]

"trying to be nice" - Only because you got caught. You're not trying to be nice at all. You're trying to squirm out of it. Let's not forget the fact that you stole his video without asking. Was that being nice?

It's pretty hilarious that you think you should be allowed to just remove the video and face no consequences. If that was the case, everyone would be stealing everyone's videos. - If people don't get caught, they get a load of views, subs and $. And if they do get caught, worst case scenario they just have to remove the video which never belonged to them in the first place?!! lol So there'd be no downside for people stealing copyright and a chance of quite a significant upside. It'd be anarchy. It'd be like a bank robber being allowed to walk free without any punishment if he gives the money back but he gets to keep it if he doesn't get caught.... Yes, that would be a genius legal system

It quite clearly says in YouTubes copyright rules, that removing the video won't get rid of the strike and that's the reason why.

Really not sure why you're making out to be a victim here. You're the one in the wrong and it's pretty hilarious that you think the guy who owns the copyright is being unreasonable. Not sure why you think you'd get any sympathy here.

Heh, not looking for sympathy, because I'm not a victim. I was just sharing something that happened. And sure I'm being nice. I'm giving him a chance to not have it go to court. I wasn't being nice by copying his video, but I wasn't being mean, either. It really doesn't affect him either way. It's nothing like robbing a bank. When you do that, you take something from someone else and they don't have it anymore. If I hacked his account and deleted his video and put it up on my channel, that would be stealing. He still has his, still has his views, still has his traffic and his money from it. I'm just benefiting from it, too, without taking anything from him.

And I didn't "get caught". I didn't post it up and hope to slide by without him finding out. I post a link to his original video and tell my viewers to watch it. I've posted comments on original videos saying that I copied it and to check mine out. I've messaged the owners of the original videos with a link to my modified version and ask if they will promote it. And I happily take mine down if they ask me to.

I know removing the video won't get rid of a strike. But if he retracts the Takedown Notice, then it will remove it. Of course he doesn't have to, but it can't hurt to ask. It would be the simplest and best outcome for both parties involved.

This comment is not in regards to fair use or not.

It is time consuming to make videos. We don't exactly want to have to take extra time to write people who are using our content. What if I write and then I don't get a response? I have to keep track of if they wrote back or not, further wasting my time.

I see. Yes, this is a very good point. I had not considered that. Hmm.

But on that note, issuing a DMCA Takedown Notice also takes extra time. Is it really worth it to do it just become it irks you that someone copied your content when it isn't affecting you in any measurable way? It's one thing if they are drawing customers away and it is having a negative impact on your market, but if that's not the case, it's just petty, regardless of the legal rights.

 

[markkaz]

But on that note, issuing a DMCA Takedown Notice also takes extra time. Is it really worth it to do it just become it irks you that someone copied your content when it isn't affecting you in any measurable way? It's one thing if they are drawing customers away and it is having a negative impact on your market, but if that's not the case, it's just petty, regardless of the legal rights.

Yeah, but once I file the DMCA Takedown Notice, I'm done. No follow-up, no wondering if I will get a reply, done. That is unless they unwisely want to counter-claim.

Keep in mind, I'm talking about people blatantly ripping off my content. I don't know if that would apply to your situation.

 

[Idec Sdawkminn]

Yeah, but once I file the DMCA Takedown Notice, I'm done. No follow-up, no wondering if I will get a reply, done. That is unless they unwisely want to counter-claim.

Keep in mind, I'm talking about people blatantly ripping off my content. I don't know if that would apply to your situation.

Yeah, I can see the effectiveness of it as a tool. I guess I never considered it for its efficiency. I only viewed it as a lazy way to not have to actually have human contact. But it would definitely be tedious to have to keep track of whom you sent emails to and wonder if they are going to respond. It is the same reason why I don't contact content owners before using their stuff. I want to make the video now and not have to wait to see if they will ever respond. I wouldn't expect him to get a lot of people copying his stuff, but you never know.

Thanks for improving my perspective.