Copyright Counter Claims..where to now ??

[Idec Sdawkminn]

Ah, no Idec, I think it actually doesn't. Otherwise you could not even give YouTube proof of filing without travelling to the US to file. I'm not a lawyer, but I think YouTube may need to take a hand at that point, and forward a proved foreign filing to the US Federal Court system on the claimant's behalf.

I have a friend in the US who is a Paralegal; I'll ask him this question. As if it turns out the claimant does have to file in the US, there must be a way to do it from overseas, or the DMCA is making monkeys out of every Copyright holder who lives on foreign soil.

Yeah, after posting that, it seemed kind of fishy to me, but I didn't have anything else to go on. I'd be really interested in what your friend has to say. I should've used less confident wording in my post because that part was really just a guess.

 

[emd645e3c]

So I'm in Australia, and he's in England, so would court proceedings happen here, or where he is ?

Basically he's just taking advantage of the system and must know that these takedown notices from anyone other than the Sonys, or large studios are just a waste of time and won't be followed through with. then.

Ah, no Idec, I think it actually doesn't. Otherwise you could not even give YouTube proof of filing without travelling to the US to file. I'm not a lawyer, but I think YouTube may need to take a hand at that point, and forward a proved foreign filing to the US Federal Court system on the claimant's behalf.

I have a friend in the US who is a Paralegal; I'll ask him this question. As if it turns out the claimant does have to file in the US, there must be a way to do it from overseas, or the DMCA is making monkeys out of every Copyright holder who lives on foreign soil.

That was what I was thinking. Who is going to travel to the US to do this over a YouTube video ?

I would of thought You tube would step in and just look at the obvious facts, mine was uploaded years before this clown, and his even has MY name on it....it's not rocket science, since I'm not asking them to go after someone on a different platform, it's them hosting the content. I've had this happen many times in the past on this same video.[DOUBLEPOST=1491390125,1491339845][/DOUBLEPOST]I was just looking at the thief's channel and he states the following " All TIME MACHINE VIDEOS is Fair use is a US legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. ..."

Somehow don't think this applies to stealing and re uplaoding the WHOLE video.

 

[Idec Sdawkminn]

I was just looking at the thief's channel and he states the following " All TIME MACHINE VIDEOS is Fair use is a US legal doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders. ..."

Somehow don't think this applies to stealing and re uplaoding the WHOLE video.

lol, well, the portion of the original material used is definitely a factor, but if he didn't change it at all or put it in a different context that gives it a different meaning from how you used it, it's not fair use even if he only used 5 seconds of your video.

Hopefully this can be resolved for your without too much more trouble.