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Got A Copyright Claim NOT From The Copyright Holder? Read This

Discussion in 'Copyright, Claims, Strikes & Legal Discussion' started by Tarmack, Jan 12, 2015.

  1. Tarmack
    Rhetorical Porcupine
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    YouTube uses a system called ContentID to match audio and video content across the website. By registering material with ContentID, a content owner can protect their stuff from being used by people without permission. They can simply monitor it, monetize it or punish the channel for uploading it by way of video removal. Further, they can issue a DMCA takedown but that is a separate matter entirely.

    Now, many YouTube networks have a ContentID account. This is in large part due to their close working relationship with YouTube and allows them to legally and monetarily protect their content by registering it with ContentID. That way if a channel reuploads something the network owns, the revenue (or punishment) goes as it should.

    However, some content owners are a little less scrupulous, or more correctly care less about the impact of their actions. These content owners bulk register all content under their account with ContentID instead of carefully identifying only the content that they actually own the rights to. As a result of this, a video which also happens to contain material they don't own, is registered in such as way as to appear that they do own it.

    By doing this, they now claim material containing that content despite not having the rights to it. Several recent examples include trailers from certain video games as well as soundtrack material utilized in remix music.

    If you receive a copyright claim (Third Party Content Match) and the company claiming the material isn't one that you recognize, it's time to start doing some research. An example would be a song from a Universal Music Group artist being claimed by a company like AdRev. If you cannot find any linkage between the company claiming the material and the company that you know owns it, you are very likely safe in disputing the content match.

    Personally, I recommend the following text. Insert the appropriate company name and content use policy URL as needed. You don't need it to be very long either.

    "The audio and visual content contained within this presentation is used with permission from ZZZZZZZZZZZZ. Please review their content policy at www.ZZZZZZZZ.com/ZZZZZZZ. This claim has been made in error, is invalid and must legally be rescinded. Please proceed at your earliest convenience."
     
  2. YTBrayden
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    This is a great post for everyone to know and I appreciate your time posting it! I was thinking about posting something about this for the community users of YTTalk, but you did it for me and I appreciate that ;)
     
  3. dand963
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    I haven't experienced a copyright claim by a company that doesn't own the object being claimed but nevertheless, great information. Thank you, Tarmack. :)
     
  4. Dijan
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    thanks a lot for your info.
    Is tru this Companies/individs i think they use bot to scan youtube videos and i came across so many videos they have claimed and when you despute that claim, the Companies/individs release the claim, but the only big problem is that YouTube does not take any action against this false claims but it gives them a chance to do it again and again. The proble here is youtube and the false claimers. But the blame goes to YouTube.
     
  5. Tarmack
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    There is no need for outside bot use. YouTube ContentID does that scanning in house.
     
  6. M Jam
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    "I am New Here . So Forgive me if made any Mistake "

    I am getting copyright problem while creating my new channel about soccer . i am uploading Match Highlights But Getting " Matched Third Party Content " Issue . I am trying to re edit the video . sometime got solve some time not

    But I like your Suggestion and Is this same you suggesting like this Video Showing ( YT.com/watch?v=OFVyME0B_xs )
    More from: laliga : Laliga Video URL

    If yes How he Did this ?
     
  7. Tarmack
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    It is irrelevant how he did it. Unless you have the legal rights to reuploading television broadcasts(you don't), there's nothing we can do to help you. What you are doing has no legal support unless you can get permission from the copyright owner.
     
    CrossBeats likes this.
  8. CrossBeats
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    So what's up if they claim content that isn't theirs and deny your dispute and appeal? (it's illegal I know)Can you tell us more about DMCA Counter Notifications?
     
  9. Tarmack
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    That's the thing DMCA on YouTube. A ContentID match is an automated one based on content submitted into the system by a copyright owner. It can be wrong, though granted it is rare. If you dispute the ContentID match and they deny it, your appeal is a legal challenge of sorts.

    In order for them to continue denying it, they need to provide evidence to YouTube that they are taking you to court. And if as you say, the content uploaded is not even the same piece that was matched, then they would be pretty brave to take you to court over a case that they will lose.

    Of course, you need to be absolutely certain of your claim. Sometimes with remixes, it is a different song but contains a matching piece within, which will be a nebulous area.

    The same is true of a copyright strike. Disputing a strike is a legal challenge to the ownership of the party that issued the strike.

    For example, I got a strike for uploading footage of the video game Bloodborne before the release date. Legally purchased game too. After the game was released, I disputed the strike as the publisher was leaving other content of the exact kind online, which would make suing me for my content difficult to argue. After the 10 days, YouTube took the strike down.
     
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  10. CrossBeats
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    Of course, that's why I try not to use anything created by others anymore (exept in exclusive collaborations) - free or not.. In the past I did some remixes and I have used vocals, they were released from copyrights and the people knew what I was doing - they said themselves anyone can use the vocal however they want if they give credits to the vocalist.. It still has created some issues for me in the past. The vocalist knew I was uploading the remix of her song and the claim was for another remix (not for her original song), but they denied my dispute.. I don't know If I should've appealed, but I wouldn't want a strike on my channel so I deleted the video. If the claim was on behalf of the artist I would've been happy to let her monetize, but they had no exclusive rights over the vocals nor the music - tho how can you prove? I never licensed a remix, when I didn't agree with the artist that they give me rights to do so..
     

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