Copyright strike to be lifted and can re-upload - why?

Cyn's Corner

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So I emailed a company about the strike that was put on my account for a reaction/review/critique video I did of a movie trailer. Because I am confident that my content falls within fair use, I disputed the claim and then appealed the rejection of that dispute. When the appeal was rejected I got a strike, and for the first time, YouTube did not let me submit a counter notification. Which was strange to me because I've been able to submit them every other time before. Sometimes I had to do it more than once, to get the "wording" right, but they've always been accepted eventually and forwarded to the claimant. But this time they refused (even though I used the exact same wording I've used in successful attempts). They said something about thinking that I was misusing the counter notification process (which is odd, especially since the counter notification process is the only way we can fight back against copyright claims that we feel aren't warranted).

Anyway, the company that caused me to get a strike finally wrote me back and said that they will lift the strike but I have to delete the video and then I can reupload it. They also mentioned that I should send them the URL of the video so it can be whitelisted but then said that I shouldn't dispute any more of their claims. Why should I not do that when I feel my videos are fair use? And why is it necessary to delete the first video when they said I can reupload it? They mentioned something about making sure it meets the requirements for how their video is to be used -- i.e., not to make it full screen ... but my original video didn't use their video full screen anyway. In fact, it was pretty similar to the "example" video they sent to me as a demonstration of their video used "right." The whole thing is confusing to me, so I'm not sure what I'm missing. I dispute all claims that are made against my videos; I intended from the beginning that my "reaction" videos wouldn't just be reactions, but that I would be adding commentary/critique/reviews about what I was posting. So far every claim has either been released to me OR, the strike lifted after counter notification time expires. This is the first oddity I've encountered since I started doing this and I wondered if anyone else has had something like that happen before.
 

UKHypnotist

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First of all, a claim of Fair Use can only be decided by a judge in a court of law. Also there are areas of the world where this doctrine, or its equivalent doesn't even exist (Japan is a good example of this). Finally, there are some companies YouTube has cut deals with that disallow counter-notifications to be filed, or so it has been rumoured.


Who made the claim and eventually struck your video? Be careful; as abuse of a legal process on YouTube can lead to channel termination.
 

Cyn's Corner

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I am definitely getting that feeling - with regard to the last thing you mentioned. The company ended up lifting the strike and releasing the claim. I didn't delete the video - they didn't ask again, just for the URL so it could be whitelisted, so that's what I did.
 

Cyn's Corner

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First of all, a claim of Fair Use can only be decided by a judge in a court of law.
And yes, I know. But YouTube gives us the option to dispute and appeal and submit counter notifications based on a fair use argument.
 

UKHypnotist

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And yes, I know. But YouTube gives us the option to dispute and appeal and submit counter notifications based on a fair use argument.
Which is why I linked the video. You can dispute on Fair Use grounds; but as you saw, a claimant can reject the claim because you're not both standing in court.

Good luck with your channel!
 

Cyn's Corner

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Yeah, I saw that video a while ago. IIRC, they made a statement about how they don't decide for themselves (about a dispute) but that's not entirely true. Their obvious agreement with certain entities about not honoring a claimant's counter notification pretty much dispels their assertion about that haha And thank you!