Fighting a false copyright claim on my video, mission impossible..?!

Thulium

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Hello,

I've got a false copyright claim from a company named SC Brand Tube on one of my videos, where I used music purchased from the leading royalty free music web site premiumbeat.com. The music is Beethoven Symphony No. 7 performed by Wilfred Symphony Orchestra.

I disputed the claim, however they reinstalled it and after I appealed again, they rejected it and now my video is scheduled for takedown on 18-th this month and I will be rewarded with a copyright strike.

I know that I can submit a counter notification, which I will do for sure because the company who claimed my video was some Romanian based one without any information on the internet and their claim was about a LP recording performed by a romanian orchestra in 1966 labeled by Electrecord.

I am very worried if I get copyright strike whether all my monetization of my channel will be disabled, since I do my living from this channel.

I strongly believe that this company has made a false claim and I am ready to go even to a court to sue them if they take down my video. I have also ordered that LP from 1966 to make a comparison which I am sure will differ from my recording.

I have now two options:

1) to cancel my appeal so they win and use ads forever on my video.
2) to wait for a copyright strike, to risk monetization on all my channel, submit a counter notification and eventually go to court to sue them.

Please advice!

Thank you in advance!
 

EVO

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I had similar and cancelled my appeal to allow them ads. Its a small video so they are welcome to it.

Do you have the original footage? If so consider deleting the supposed offending ideo / edit out the music and reupload? Use the real Symph No.7 downloaded from youtube own library?
 

Thulium

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I have just received the LP and compared it with the music on my video. The recordings are completely different. It is absolutely unfair that they are going to takedown my video or use ads on music they do not owe. Now I have 4 days to decide whether to cancel my appeal or risk my channel for copyright strike and losing monetization at least for 3 months (or forever in some cases).

Screen Shot 2016-10-14 at 5.35.51 PM.png

@EVO Unfortunately Symphony No. 7 is not available on YouTube library, thats why I purchased it from PremiumBeat.com
 
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Idec Sdawkminn

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This is how I determine these things: I take the amount of money it makes per month and decide if it makes enough to warrant me fighting it. For me, that amount is $1 a month. If it makes at least that much, I fight it. If not, I cancel the appeal.

But I may have been emboldened by the fact that my monetization has stayed enabled even after getting copyright strikes. I currently have 2 copyright strikes and it has not affected monetization.
 

Thulium

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I uploaded on my channel the rip of the LP of the original performance of the romanian orchestra just for a test and I got just the same claim immediately - the same orchestra, recording label etc. That makes sense, since this recording was really the real one they have copyright. However since mine is a different one, why they are so persistent in taking down my video with a DMCA takedown notice..?!

Screen Shot 2016-10-15 at 2.41.53 AM.png
 

subversiveasset

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So, it's the same song, different recording?

That would make sense why it would be recognized in content ID...however, they should have dropped the claim on a manual review upon hearing that it's a different recording of the same song. I'm guessing they are just thinking you'll give up.
 

Thulium

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So, it's the same song, different recording?

That would make sense why it would be recognized in content ID...however, they should have dropped the claim on a manual review upon hearing that it's a different recording of the same song. I'm guessing they are just thinking you'll give up.
Yes exactly, same song but different recording. I think that they are really hoping I will give up, since if they take down my video I will receive a copyright strike.

I will keep you updated what happened until the end of this saga.