"Includes copyrighted content" Should I File a Dispute?

R

Ryan Robbins

Member
I have a 17 minute video, and used about two minutes of copyrighted content. I did so for the purpose of commentary, so I'm definitely within the rights of fair use. Immediately after uploading I was alerted "Includes copyrighted content."

I have the option to file a dispute under "My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws."

Is there any downside of filing this dispute? Could it turn out bad for me in some way I can't predict?

If I dispute it and win, I can get my video monetized for me, instead of for the copyright owner.

Thanks.
 
Hmm, I wouldn't worry about it. If it bothers you though you may want to re upload your video with the music turned down a bit and maybe it won't detect the music you're using...
 
The OP didn't specify that the copyrighted content was music, first of all. He also did specify that the purpose of the inclusion was for commentary; so removing it would destroy the entire purpose of the video.

@Ryan Robbins Can you tell me a bit more about your video and about the type of copyrighted content tagged by Content ID?
 
I watched the Video he's talking about (I think) on his channel.. I just assumed it was music since there is a little section (about two minutes) in his video that was used.. None of the other content in the video seemed to be anything that would cause a copyright notice?!
 
Ryan Robbins said:
I have a 17 minute video, and used about two minutes of copyrighted content. I did so for the purpose of commentary, so I'm definitely within the rights of fair use. Immediately after uploading I was alerted "Includes copyrighted content."

I have the option to file a dispute under "My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws."

Is there any downside of filing this dispute? Could it turn out bad for me in some way I can't predict?

If I dispute it and win, I can get my video monetized for me, instead of for the copyright owner.

Thanks.
Click to expand...

the potential downside is that if the copyright owner disagrees with your assertion of fair use, they could issue a DMCA takedown notice in response to your dispute, which would give you a copyright strike.
 
May i ask if it was Adrev that sended the copyright disclaim, if so you can contact them if it was an invalid claim.
 
Hey guys... Thank you for the replies.

First of all, the video in question is for a YouTube channel not associated with my ID here.

So here is what the notice says:

  • Content - Audiovisual content
  • 8:37 - 9:20
  • Claimant - Warner Bros (The Ellen Show)
  • Channel: The Real Daytime
  • Policy - Monetized by copyright owner
And here is the video title: (Notice that the show is 'The Real' and not 'The Ellen Show')

Title:

Rachel Dolezal: Why Transgender and TransRacial are Equal

Channel:

BlissMonk

(You'll have to search for it on YouTube since I can't drop links on this forum)
 
Ryan Robbins said:
I have a 17 minute video, and used about two minutes of copyrighted content. I did so for the purpose of commentary, so I'm definitely within the rights of fair use. Immediately after uploading I was alerted "Includes copyrighted content."

I have the option to file a dispute under "My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws."

Is there any downside of filing this dispute? Could it turn out bad for me in some way I can't predict?

If I dispute it and win, I can get my video monetized for me, instead of for the copyright owner.

Thanks.
Click to expand...

You can fight it, get it back. The original content creator can make a claim again (I'm not sure of the whole process.) But it could go as far as you receiving a cease and decist.

Just so you know, using copyrighted material under the guise of fair use is NOT a legal right. It is a legal defense and DOES NOT protect you from copyright claims against your videos.
 
TechSpotJosh said:
You can fight it, get it back. The original content creator can make a claim again (I'm not sure of the whole process.) But it could go as far as you receiving a cease and decist.

Just so you know, using copyrighted material under the guise of fair use is NOT a legal right. It is a legal defense and DOES NOT protect you from copyright claims against your videos.
Click to expand...

@TechSpotJosh is correct. As Fair Use is not a right but a legal defense, the only place for a true test is in a court of law, which can get quite expensive. Warner Bros is also as a shared rights holder with The Ellen Show Company, very trigger happy when it comes to intellectual property.

You can try your dispute by all means; but if they reject on the Fair Use grounds and you appeal, they just might decide to do a full takedown and strike you. Have you tried reaching out to the claimant?
 
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