"Includes copyrighted content" Should I File a Dispute?

[Ryan Robbins]

@TechSpotJosh is correct. As Fair Use is not a right but a legal defense, the only place for a true test is in a court of law, which can get quite expensive. Warner Bros is also as a shared rights holder with The Ellen Show Company, very trigger happy when it comes to intellectual property.

You can try your dispute by all means; but if they reject on the Fair Use grounds and you appeal, they just might decide to do a full takedown and strike you. Have you tried reaching out to the claimant?

I have not tried reaching out to the claimant. But wouldn't it be difficult to get ahold of those responsible for the copyright notice? (I know I started this thread a long time ago, but I still haven't filed a dispute because I fear getting a copyright strike)

 

[Idec Sdawkminn]

If it is indeed fair use like you say, then dispute it. Most likely they will reject your dispute and the claim will remain. There is a possibility they will take it down, but it is unlikely in my experience. If they reject it, you can appeal it, but if they disagree with the appeal, their only recourse is to take the video down. In that case, you'd have to file a counter-notification and they'd have to sue you to keep the video down.

 

[Hirudov]

If it is indeed fair use like you say, then dispute it. Most likely they will reject your dispute and the claim will remain. There is a possibility they will take it down, but it is unlikely in my experience. If they reject it, you can appeal it, but if they disagree with the appeal, their only recourse is to take the video down. In that case, you'd have to file a counter-notification and they'd have to sue you to keep the video down.

I have been on the both sides of the fence (getting hundreds of mostly invalid claims) and now I have ContentID so I can claim and contact directly the claimants and look into their assets. I can tell you that fair use most probably wouldn't work because most of the ContentID users and claimants don't even look at reasons for dispute, let alone read, assimilate or check them. The bigger ContentID users simple re-instate their-claims or if your video is with low views, they will leave it for a month and the claim will be released automatically, since they sort the claims by daily views (and the big owners have thousands of claims per day!).

One of the most notorious ContentID abusers, who never look at the matches are Orchard music with whom I had 6 already invalid re-claims, so I had to write them "love" letters about their copyright abusive behaviour. Several times they re-claimed a 2-year old video for a mistaken match, which proved that they don't check the references or listen if the match is the same as the reference they had. It would have been the other way around - I shall have claimed their song. They simply reclaim and troll random YouTube users and you can see many videos where users praise them for releasing their videos from "wrong" claims. It's like someone stealing your wallet, you catch him and then praise him for being a good guy by returning it to you.

 

[TYTD]

I've had plenty of content id'd stuff over the past few months but i'd say at least 9 times out of 10 once I've filed a dispute most companies tend to just let the clock run out to give up the claim (In fact in 1 or 2 cases I actually had the director/producer of the film I reviewed get in touch to compliment me for talking about there movie!) the only time i've ever been "Done" by copyright was for a review I did of an 80's movie called "The stuff" the claimant was a company i'd never heard of before who claimed a portion of a clip I posted to contextualize what I was talking about... I challenged it and it was immediately upheld...so I chased the company down and sent them an email (I also got in touch with the company I believed owned the rights) the former never got back to me, the latter got back to me to say that the former most definitely did NOT own the rights and had no claim to monetize my video...but that at the same time they couldnt do anything to stop them other than write them an email...I challenged them again and told them that my video was covered under fair use and that equally the company that did own the footage had told me they had no claim to this clip...and again more or less instantly they upheld it...which left me with the choice of either taking them to court over it or letting it slide angrily...I chose the latter...one day I'll reupload it without that clip just out of spite...but I dont know when that'll be...

So yeh...sorry to ramble...but i'd say file a dispute...and follow it as far as you can before you have to start talking lawsuits. xD

 

[offbeatbryce]

What I do as a trick is I don't even bother to dispute anything as fair use even if it is because in most cases it's the automated system that detected it. If the original owner doesn't find the video they aren't gonna take it down. I don't even bother letting the claimant know if I'm pretty sure it's fair use since they will most likely put ads on it and earn the revenue.