2nd Copyright Strike - Advice Needed

F

FuzzyHead

Liking YTtalk
Hey all,

I've just received my 2nd copyright strike & I would like to submit a counter claim, but I could really do with some advice before proceeding.

First of all, the 1st copyright strike I received, I can totally accept. I foolishly uploaded a (drunken) cover of a friend of mine `attempting' to sing an Adele song. Not surprisingly, because it was so awful, it was barely recognizable & it didn't raise any flags at the time of uploading, but sure enough, probably due to the title & tags, I eventually received a copyright strike.

Like I said, it was a silly thing to do & I haven't got a problem with that.

But ... I received a 2nd copyright strike yesterday for another song that I uploaded. Once again, maybe it was a foolish thing to do because I didn't own the copyright, but it was from a new artist that obviously wanted some exposure because he released it as a free download with the instructions `Download, Enjoy & Share' .. I liked it & did just that (without monetizing it).

This new copyright strike hasn't originated from the artist, it's come from a Canadian record producer who didn't produce the song & who (I think) has wrongly filed a claim just because the song titles are similar. I've listened to both songs over & over again & can't hear any similarities whatsoever, apart from one's called `Whole Lotta Respect' & the other `Lotta Respect'.

So I'm pretty confident that I can counter claim, but the thing that worries me is, I don't own the copyright to the song. I just want to contest the fact that it's a mix up, not the same song & hopefully remove my 2nd (& let's face it, now channel threatening) copyright strike.

The thing that REALLY WORRIES ME is this blurb .. "A counter-notification is a legal notification to YouTube that the claimant has made a mistake or misidentified your content. To prevent your content from being reinstated to YouTube, the claimant MUST SUE YOU" .. Gulp!

Soooo .. (crikey, are you still with me?) .. should I submit a counter claim, or should I try to contact the record producer first, ask him to confirm the mix up & then submit a counter claim?

I know my safest bet would be to contact the producer first, but I've research him & he's worked with some big names in the record business, so I would be amazed if he even reads my email, yet alone responds back.

Thanks for hanging in there & for any advice.

Fuzzy.
 
Jawad Soomro said:
I need to look at ur channel to judge whats going on, plz link ur channel link to ur posts :)
Click to expand...

Thanks for the quick reply Jawad, much appreciated, but I like sharing my personal views on YouTube, plus having the freedom to discuss such things as CPM without divulging my channel info. I've already deleted the copyrighted video so there's not much to learn from viewing my channel anyway.

My main concern is, can I contest the copyright strike (based on a song mix up) without owning the copyright?

Thanks again.
 
FuzzyHead said:
Thanks for the quick reply Jawad, much appreciated, but I like sharing my personal views on YouTube, plus having the freedom to discuss such things as CPM without divulging my channel info. I've already deleted the copyrighted video so there's not much to learn from viewing my channel anyway.

My main concern is, can I contest the copyright strike (based on a song mix up) without owning the copyright?

Thanks again.
Click to expand...
since u dont have their permission, u know where u stand :)
 
I don't have permission for the disputed song, but that's not the song I uploaded.

I uploaded a totally different song (without monetizing it) from a new artist that simply wanted some exposure. I know technically it's still wrong, but the copyright strike is over a mistaken identity of song title & ownership.

I admit, it was a foolish thing to do, I'm just trying to fix it .. hopefully.
 
When they say 'Download, Enjoy & Share' I'd take the Share part in that they want you to share the link to their content. Not upload their work to your own channel.
 
Yeah, probably .. but the artist & owner of this song hasn't voiced an opinion on me uploading it, I wasn't making money from it & I did include a link to his website + his Twitter page so people could follow him.

The problem lies with a completely unrelated record producer who wrongly thinks it's another song & he owns the copyright.[DOUBLEPOST=1428174519,1428168849][/DOUBLEPOST]
FuzzyHead said:
The problem lies with a completely unrelated record producer who wrongly thinks it's another song & he owns the copyright.
Click to expand...

Which basically means, both the accused & the accuser don't own the copyright, it's just a case of mistaken (song) identity & I'm getting penalized for uploading a song I didn't upload!?!

I'm not claiming the moral high ground here, because I did uploaded a song that I didn't have copyright over & it's a silly mistake. I'm just trying to work out if there's a safe & doable way to submit a counter claim & remove the copyright strike without getting sued?

It might be impossible because I don't own the copyright, but my (only saving) point is, neither does the person that's submitted the claim & that's what I want to contest & overturn .. if possible?
 
If the referenced content is not the same as the content you uploaded, then your copyright appeal is simple.

Remember, they have to be willing to take you to court in order to keep the strike in play. If a music producer is willing to take you to court over a false DMCA takedown, that would be a mistake on their part.
 
Ah, a breakthrough, I think ..

So it looks like it was some idiot trying to flag people's videos by pretending to be a Grammy Award winning music producer & the actual REAL producer has even sent a tweet out saying it's not him.

So I can get the copyright strike removed, but ...

"By submitting a counter-notification, you consent to disclosing the information provided below, including your name, address and phone number, to the claimant"

Which means if I want the copyright strike removed, YouTube is going to send this idiot my personal information.

I really don't want my name, address & phone number sent to a flagger /scam artist, is there anything I can do?

Thanks again for any help.
 
It's a really simple deal. Do... Not... Upload... Anything... That... Is... Not... Yours...

Fair use is a factor at times, but a full song? Please. Find another hobby if you can't help but infringe on another's copyright.
 
You must log in or register to reply here.
Back
Top