Does Youtube protects up loaders videos and takes Copyrights issues seriously ?

TopFelya

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I've reported hundreds of videos( Mig-29 takeoff) which were re uploaded without my permission . Now some of the videos were reinstalled by YouTube and some of them got more then 3 million views and people still making money on them. Ive invested the money and time to produce my videos. And it seems like a daylight robbery. I made a video, post it , some one re upload it and make money. I found it and report it!
Then YouTube send me counter notification form on wich I did reply within 10 days of the notice ( as I been advised on the youtube forum) explaining that the video is belongs to me and I filmed it my self.
The person claimed that it was her video. I live in London she lives in Ukraine. The video was shot in United Kingdom When I did checked out her channel I found out that on her channel all videos are from the TV news and popular videos from YouTube She clearly never filmed her self or create those videos.
She even said to me that she's ready to go to court and prove that my video is her own and she filmed it in Ukraine( however the video was shot at RIAT airshow in England and it's clearly visible in the video) so she gets away with that.
Another uploader claim that he shot this video in Ukraine on the military airbase. At the moment his video got over 750K views and he's ready to go to court and prove it (My watermark is still visible on his re upload )
YouTube did not do nothing to help me to protect my video. They say they taking the copyright issues seriously? The thieves knows how to get away with this. I felt like I been ROBED
I did received lots of abuse from these illegal uploaders One of them told me "lets us make money too". He offered to me to put the link in the description otherwise he will send me the counter-notification note. Also he told me that in Ukraine its a common practice to get away from copyright strike. Not to many people will go to court and start filling the legal proceeding He found this information on the forum.
Now I contacted the solicitor in London. They charge £250 an hour+ £70 for the letter + the court fees. I could not afford it. I don't know what to do and how to protect my videos. I'm loosing the views and traffic on my original video. Any advise please? May be you know better how to punish them? Or may be you know better affordable solicitors ?
 
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TheSwedishTraveler

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It´s a big shame that it has happened to you, and it seems like they don´t care. The copyright algorithms is s**t!
 

UKHypnotist

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The videos went back up because you didn't follow the correct procedure. You should have filed court papers which would have led to a blocking injunction to keep the infringing material off YouTube; then given scans of those papers or your court case number to YouTube's Copyright department.

You are able to file "pro se"; that is, without the help of a solicitor; I believe the forms are online.

Simply explaining that the videos are your personal creation is not enough in the case. You should have filed legal proceedings against the violator(s). It's not that YouTube doesn't care, it's that you didn't do the right thing. And unfortunately it is the law which doesn't care whether or not you can afford the court costs.

I am very sorry.
 
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TopFelya

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The videos went back up because you didn't follow the correct procedure. You should have filed court papers which would have led to a blocking injunction to keep the infringing material off YouTube; then given scans of those papers or your court case number to YouTube's Copyright department.

Simply explaining that the videos are your personal creation is not enough in the case. You should have filed legal proceedings against the violator(s). It's not that YouTube doesn't care, it's that you didn't do the right thing.
Thank you! I know that , but when I contacted a Layer he ask me to pay £250 for an hour + £70 for a letter + Court fee charges So this will cost me around $500 US dollars. I cannot afford that. Instead of protecting us ( Youtubers ) They let the thieves get away from punishment
 

UKHypnotist

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You are able to file "pro se"; that is, without the help of a solicitor; I believe the forms are online.
From the UK Copyright Service web site...

"In the UK there is the Intellectual Property Enterprise Court (formerly the Patents County Court), that deals with intellectual property claims, including patent, copyright and trademark disputes; for details, please visit www.justice.gov.uk."

How valuable is your original work to you, if you want someone other than you to insure its protection, and that someone else, a faceless corporation which doesn't even know you exist as an individual person?

I am also not rich; but you will see below the lengths I am going to have to go to, also to protect my own original work. My violator is worse than yours are, in his behaviour. He has already been reached out to by me personally; not once, but twice, and he hides his head in the sand like an ostrich, rather than talk to me to work things out. Two full DMCA takedown notices have now been filed for two different media portals; and the second might not have been filed until the time on the first had run out...

But only last night, he posted yet another music track which infringed on my copyright, forcing my hand. I will sacrifice even monetarily for the sake of my art when necessary, as no one else will do that for me. Should you do less for your own art?

http://yttalk.com/threads/the-late-spring-claim-runs-have-begun-again.214592


My main channel is slightly less than half the size of yours in subscribership, @TopFelya. If you're fully monetized, you may be making enough from your channel to pay the filing out of your ad revenue. If I have to file, on the other hand, I will need to ask my husband to give me some of the money to do it, and we may struggle to pay the household bills next month. We will not let this person get away with a counter-notice if he chooses to file one, however.

US (and possibly also International) Copyright Law rules that if a copyright claimant, when served with a counter-notice disputing his or her claim, doesn't respond to that counter-notice by filing a court action, the DMCA then makes the host of the potentially infringing content liable to legal action by the filer of the counter-notice if the alleged infringing material is not restored; as the copyright claimant has failed to prove and uphold their claim of copyright ownership in the disputed media by initiating legal suit against the infringing party. YouTube was only obeying the law and protecting itself from possible legal action by the alleged infringing parties; not failing to protect you, as you had failed to uphold your own copyright claim; thereby protecting your media, and yourself.

I love Antonovs, by the way!
 
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TopFelya

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I love Antonovs, by the way![/QUOTE]

Thank you very much for you help! You seems the only one who explain this to me very clear then experts from official Youtube forum help
 
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UKHypnotist

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I love Antonovs, by the way!
Thank you very much for you help! You seems the only one who explain this to me very clear then experts from official Youtube forum help[/QUOTE]

You are very welcome! I've had copyright battles on YouTube nearly since I first joined back in 2006; in the beginning and even now, most of them are copyright owners trying to tag me on media that is simply not a match for the media in the Content ID Database.

Now I am having to file media removals myself, like you. But in order to make it stick, you have to be willing to pay the cash to file a court case if the infringers abuse the system; and what you've experienced is definitely abuse of the system. In the end, it is who can provide the proof before a judge in a timely fashion; and once a counter-notice is filed, the law only gives the original claimant 10 days to put his proof forward to a court.
 

TopFelya

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Thank you very much for you help! You seems the only one who explain this to me very clear then experts from official Youtube forum help
You are very welcome! I've had copyright battles on YouTube nearly since I first joined back in 2006; in the beginning and even now, most of them are copyright owners trying to tag me on media that is simply not a match for the media in the Content ID Database.

Now I am having to file media removals myself, like you. But in order to make it stick, you have to be willing to pay the cash to file a court case if the infringers abuse the system; and what you've experienced is definitely abuse of the system. In the end, it is who can provide the proof before a judge in a timely fashion; and once a counter-notice is filed, the law only gives the original claimant 10 days to put his proof forward to a court.[/QUOTE]


Hi ! Long time I did not talk you. I hope you are doing well.
Today I received another counter-notice from Youtube. Some one again is claiming that my video which I filmed last year belongs to them. Any fresh new advise how to deal with that ?
Kind regards
 

UKHypnotist

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You are very welcome! I've had copyright battles on YouTube nearly since I first joined back in 2006; in the beginning and even now, most of them are copyright owners trying to tag me on media that is simply not a match for the media in the Content ID Database.

Now I am having to file media removals myself, like you. But in order to make it stick, you have to be willing to pay the cash to file a court case if the infringers abuse the system; and what you've experienced is definitely abuse of the system. In the end, it is who can provide the proof before a judge in a timely fashion; and once a counter-notice is filed, the law only gives the original claimant 10 days to put his proof forward to a court.

Hi ! Long time I did not talk you. I hope you are doing well.
Today I received another counter-notice from Youtube. Some one again is claiming that my video which I filmed last year belongs to them. Any fresh new advise how to deal with that ?
Kind regards[/QUOTE]
Actually yes I do.

Does your camcorder or DSLR have timestamps on the original footage before you edit it, or does it have the capability to place same? Refute the claim and offer the original timestamped footage as proof, if you've been claimed against. Did you find your own video uploaded and file a DMCA against the duplicate? That is the one of the only ways you would have gotten a counter-notice. Another is the original way which started this thread.

You must file for an injunction in court to keep the video removed if so. YouTube has started terminating channels of creators who they suspect of filing false legal forms; so it would be in your own best interest to file within the specified period if you did a DMCA and the person you filed against filed a counter-notice.
 

TopFelya

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Hi ! Long time I did not talk you. I hope you are doing well.
Today I received another counter-notice from Youtube. Some one again is claiming that my video which I filmed last year belongs to them. Any fresh new advise how to deal with that ?
Kind regards
Actually yes I do.

Does your camcorder or DSLR have timestamps on the original footage before you edit it, or does it have the capability to place same? Refute the claim and offer the original timestamped footage as proof, if you've been claimed against. Did you find your own video uploaded and file a DMCA against the duplicate? That is the one of the only ways you would have gotten a counter-notice. Another is the original way which started this thread.

You must file for an injunction in court to keep the video removed if so. YouTube has started terminating channels of creators who they suspect of filing false legal forms; so it would be in your own best interest to file within the specified period if you did a DMCA and the person you filed against filed a counter-notice.[/QUOTE]

Hi ! Sorry for late reply. Nice to hear from you again.
I do have timestamps on the original footage before Im edit it. Also I have original files with the date in my storage. But Youtube is not interesting in that. They want legal evidence or injunction in court order.
I did contacted few copyright solicitors here is the reply from one of them. This is not a joke !

Dear Topfelya


I am not sure, but it looks like the offender has admitted liability and won’t reinstate the videos.


Anyhow, it would cost you about £10,000 plus VAT to prepare and file a court action here in the UK for copyright infringement, and it would cost about £250,000 plus VAT to pursue the matter all the way to trial, and to then obtain a court order. Therefore, you can forget that option.


Your alternative is to pursue the offender in Russia, or wherever he is from, but this would probably cost just as much.


I did try without the help of a solicitor; I believe the forms are online. But its hard and confusing for me to understand how to do it properly