False Copyright Counter-Notification

[MrLilmar]

Hi, I had a few videos that started getting a lot of views and of course people decided to reupload them. I filed a couple of legit copyright complaints and YouTube took those videos down. Now, I was wondering if anyone else had this similar problem. The copyright system is pretty simple and easily abused. Anyone can file a counter-notification just by giving all their information, and unless you actually provide YouTube with a copy of a lawsuit then they will reinstate the videos. A few people mentioned writing a statement to the counter-notification but that doesn't work. You need to provide them with a docket number for the court order, which they do check. If they can't find anything in the court record, they ask for a copy of the lawsuit.

Obviously no small channel is actually going to afford to spend thousands of dollars on attorney fees for another YouTuber uploading their video. It's quite a shame nothing can be done about it, and it's also worse than false copyright claims because those can be solved by a legit counter-notification. However false counter-notifications are a huge problem, because it also puts you at risk of getting your account terminated, especially if they do it against several videos you had to take down. Has anybody else experienced this? If so, is there a solution or what did you do about it?

 

[AuthorFilms Studios]

Has anybody else experienced this? If so, is there a solution or what did you do about it?

On my old, old channel I made a video that went sorta viral (around 40K views), it was basically some fake 'magic trick' where I cloned my phone, After it got past about 7K views I saw about 3 people reupload it. I told two of them to remove it and they did, but the third one just ignored me and banned me from his channel, I was pretty p****d, so I tried to strike the video, which failed miserably.

I almost took down my video and gave up, but, I eventually E-mailed him (he had it in his about section) saying if he didn't take it down he would suffer serious consequences, and he finally did. I had a TON of people say my video was a copy of his even though it was posted about a year before his. That channel got 2 copyright strikes last summer for music I used and is completely dead now, last time I checked, it had 60 or so subscribers, last time I uploaded it has 280. I never venture onto that channel because every video on has a ratio of 1:10 likes to dislikes and absolutely tons of hate comments.

The moral of the story is, if someone steals your video, try everything to take it down, or you'll end up getting very p****d of with them stealing your ad revenue, views and subs.

 

[Time Jacker]

Hi, I had a few videos that started getting a lot of views and of course people decided to reupload them. I filed a couple of legit copyright complaints and YouTube took those videos down. Now, I was wondering if anyone else had this similar problem. The copyright system is pretty simple and easily abused. Anyone can file a counter-notification just by giving all their information, and unless you actually provide YouTube with a copy of a lawsuit then they will reinstate the videos. A few people mentioned writing a statement to the counter-notification but that doesn't work. You need to provide them with a docket number for the court order, which they do check. If they can't find anything in the court record, they ask for a copy of the lawsuit.

Obviously no small channel is actually going to afford to spend thousands of dollars on attorney fees for another YouTuber uploading their video. It's quite a shame nothing can be done about it, and it's also worse than false copyright claims because those can be solved by a legit counter-notification. However false counter-notifications are a huge problem, because it also puts you at risk of getting your account terminated, especially if they do it against several videos you had to take down. Has anybody else experienced this? If so, is there a solution or what did you do about it?

The whole copyright system is flawed. It seems to be unfairly balanced in the favour of the person making the claim and it seems to be unfairly balanced in favour of people or organisations with lots of spare time and money on their hands. You'll see lots of channels across YouTube have come under unfair attack via this system of late.

 

[Jawad Soomro]

Its so sad to know that people steal our work and destroy our channel reputation. Only thing we can do is to report them and tell them to take down the video. YOUTUBE Copyright system is still not so good.

 

[Idec Sdawkminn]

It shouldn't be up to YouTube to make sure no one steals your stuff. It should be between you and the thief, and if you can't convince them, then get the law involved. If someone copied a painting you did, you would have to take it to court. Why should this be any different?

 

[MrLilmar]

It shouldn't be up to YouTube to make sure no one steals your stuff. It should be between you and the thief, and if you can't convince them, then get the law involved. If someone copied a painting you did, you would have to take it to court. Why should this be any different?

I'm not saying it should, but sometimes your account can get terminated if a successful counter-notification goes through even if it's invalid because they'll think you abused the copyright system. Even if you can prove that you own the copyright, unless you file a lawsuit you can get terminated. It seems very unfair to actual content creators, although very few probably experienced this situation, it can happen. Especially if a small youtuber gets their videos stolen by a big channel and it goes viral. You try to protect your copyright and end up terminated because you don't have the right resources.

 

[Idec Sdawkminn]

I'm not saying it should, but sometimes your account can get terminated if a successful counter-notification goes through even if it's invalid because they'll think you abused the copyright system. Even if you can prove that you own the copyright, unless you file a lawsuit you can get terminated. It seems very unfair to actual content creators, although very few probably experienced this situation, it can happen. Especially if a small youtuber gets their videos stolen by a big channel and it goes viral. You try to protect your copyright and end up terminated because you don't have the right resources.

I understand your point. But it isn't uncommon for people to take down other videos illegitimately. If someone does this often, they should be penalized, just as someone who infringes others' copyright. In a perfect world, it shouldn't happen to people who are just trying to protect their copyright, but since YouTube isn't going to try to decide who is right in each of the many cases they get each day, they have to decide on a blanket policy that affects everyone. The popular opinion is that you shouldn't use other people's stuff without permission unless it is in a Fair Use way, people shouldn't take down others' videos unless their rights were infringed and unless they are prepared to take it to court, and people shouldn't submit counter-notifications unless they are also prepared to take it to court. Not saying it's perfect, but I can't see any other way that would be better in most cases.

 

[Tarmack]

your account can get terminated if a successful counter-notification goes through

I've yet to see a verifiable case of this happening. YouTube is just putting in warnings to let them maintain control.

 

[Felicity]

Hi, I had a few videos that started getting a lot of views and of course people decided to reupload them. I filed a couple of legit copyright complaints and YouTube took those videos down. Now, I was wondering if anyone else had this similar problem. The copyright system is pretty simple and easily abused. Anyone can file a counter-notification just by giving all their information, and unless you actually provide YouTube with a copy of a lawsuit then they will reinstate the videos. A few people mentioned writing a statement to the counter-notification but that doesn't work. You need to provide them with a docket number for the court order, which they do check. If they can't find anything in the court record, they ask for a copy of the lawsuit.
Obviously no small channel is actually going to afford to spend thousands of dollars on attorney fees for another YouTuber uploading their video. It's quite a shame nothing can be done about it, and it's also worse than false copyright claims because those can be solved by a legit counter-notification. However false counter-notifications are a huge problem, because it also puts you at risk of getting your account terminated, especially if they do it against several videos you had to take down. Has anybody else experienced this? If so, is there a solution or what did you do about it?

I experienced this exact scenario, and was never able to resolve it :-(

I filed a DMCA notice with YouTube because I found a piece of artwork I created several years ago adorning the first few frames of over 60 videos. The videos were removed but then put back up when the infringer filed a counter notice stating that they in fact owned the artwork. This was a blatant lie. I replied to YouTube with my proof of copyright registration and several time stamped photos of the actual artwork in progress. Their response was infuriating - basically saying that unless I filed a lawsuit and presented court documents, the videos would remain reinstated. If the infringer was here in the USA I would have filed suit since the copyright is registered and I’d have a chance at recouping the legal fees at least…but they’re not; the infringer is located overseas. Ugh.

I feel completely let down by YouTube.

 

[Tarmack]

I experienced this exact scenario, and was never able to resolve it :-(

I filed a DMCA notice with YouTube because I found a piece of artwork I created several years ago adorning the first few frames of over 60 videos. The videos were removed but then put back up when the infringer filed a counter notice stating that they in fact owned the artwork. This was a blatant lie. I replied to YouTube with my proof of copyright registration and several time stamped photos of the actual artwork in progress. Their response was infuriating - basically saying that unless I filed a lawsuit and presented court documents, the videos would remain reinstated. If the infringer was here in the USA I would have filed suit since the copyright is registered and I’d have a chance at recouping the legal fees at least…but they’re not; the infringer is located overseas. Ugh.

I feel completely let down by YouTube.

YouTube didn't let you down. That's the DMCA rules that they are following in putting content back up.