Copyright Question

Bozhidar Kabzamalov

Bozhidar Kabzamalov

Well-Known Member
Hello and thank you for your answers in advance.After a year and a half on Youtube yesterday I received my first copyright strike over a thumbnail, however, the guy who claimed that this is copyright is a youtube with around 7.5k subscribers who doesn't really seem like an artist and who hasn't used such thumbnail in his videos.Is it possible for someone who is not the owner of the picture I used in the thumbnail to claim copyright and if the answer is yes how could he know whether I have or have not permission from the owner of the picture?Also is it true that if I submit copyright counter-notification the only way for him to keep my video down is to sue me?Because I'm pretty sure he won't.My entire video is mine and I just used a picture in my thumbnail.Any ideas or suggestions what to do?
 
There are three ways to resolve a copyright strike.

  1. Wait for it to expire: A copyright strike will expire in six months as long as you complete Copyright School and receive no additional copyright strikes during that time.

  2. Get a retraction: You can contact the person who claimed your video and ask them to retract their claim of copyright infringement.

  3. Submit a counter notification: If your video was mistakenly removed because it was misidentified as infringing, or qualifies as a potential fair use, you may wish to submit a counter notification.
I hope that has helped! :) I would recommend you to go with the second way.
 
I sent a message in which I kindly asked if it's possible to retract the claim but I haven't received answer yet.So I was wondering what to do if he doesn't respond.The video was 100% mine and it was semi popular(got around 300k views in 15 days) and that made me wonder why should they remove the whole video considering only the thumnail is "copyrighted".I was thinking about the third option since I don't believe he can/he would bother to sue me for a thumbnail only.
 
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If you counter-notify, YouTube will only remove it if they believe you do have the right to use the image, he can appeal this or submit a new notification with more information if they were to remove it.

Whether or not it was "only the thumbnail", it was still copyright and so you shouldn't have used it..
Like saying robbing a bank is not robbing a bank if you only take $5 instead of $5m..
 
But how could he know if I have permission or not?Could a person who is not the author of that image claim the copyright?[DOUBLEPOST=1404310698,1404310088][/DOUBLEPOST]And what's the worst and best case scenario if I submit copyright counter-notification ?
 
Bozhidar Kabzamalov said:
Can someone tell me what's the worst case scenario if I submit copyright counter-notification ?
Click to expand...


You haven't answered @Tarmack's question above. If or how the person knows you don't have permission is besides the point. The only thing that matters is that you know you neither hold the copyright or permission to use the image.

(moving this to the copyright forum)
 
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