Received a 3rd Copyright Strike on My Channel

Well, we were all talking about what is legal or not. As far as that goes, I'm not sure that filing a counter-notification would be any worse than using her video without permission to begin with. And as far as practicality goes, I find it highly unlikely that anyone will sue you. But that's my opinion, not legal advice.
 
First of all. If someone is going to sue you they have to hire a lawyer. Lawyers aren't cheap and you don't hire them unless absolutely necessary. So I think you are safe from being sued.

Secondly. You should dispute it. I've had to file many claims in the past and more often than not people will dispute them and get their video put back up even when they are in the wrong. It sounds like you aren't in the wrong, but for youtube to exist it is necesarry for them to have staff sitting their responding to takedown notices and it is up to you if you dispute them or not.

One line that works: "The video contains a collection of content from which the claimant is not the sole owner and therefore makes it fair use. The claimant is not affected in any way."
 
just Moto said:
First of all. If someone is going to sue you they have to hire a lawyer. Lawyers aren't cheap and you don't hire them unless absolutely necessary. So I think you are safe from being sued.
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That's really stupid to say. Sorry. Shall big corporations start suing every small YouTuber for any occasion, because they can afford lawyers and the smaller can't? Also, big corporations have lawyers on contract per month basis (like subscription based). So it doesn't cost them any additional effort to sue anybody if they need to.

BTW DMCA takedown is already a legal process.
From youtube/answer/2807622?hl=en-GB
If you choose to request removal of content by submitting an infringement notification, please remember that you are initiating a legal process.
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Secondly. You should dispute it. I've had to file many claims in the past and more often than not people will dispute them and get their video put back up even when they are in the wrong. It sounds like you aren't in the wrong, but for youtube to exist it is necesarry for them to have staff sitting their responding to takedown notices and it is up to you if you dispute them or not.
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Dispute only if you are sure that you are right. Disputing for the sole reason of trying if it will work is not a good excuse. Your account may get terminated for repeated violations of the copyright forms.

One line that works: "The video contains a collection of content from which the claimant is not the sole owner and therefore makes it fair use. The claimant is not affected in any way.
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Yes, that is a good line.
 
Hirudov said:
That's really stupid to say. Sorry. Shall big corporations start suing every small YouTuber for any occasion, because they can afford lawyers and the smaller can't? Also, big corporations have lawyers on contract per month basis (like subscription based). So it doesn't cost them any additional effort to sue anybody if they need to.
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Maybe so, but a court room still costs money... to sue someone with no money doesn't make sense. Big corporations love content ID... because it makes them boatloads.
 
just Moto said:
One line that works: "The video contains a collection of content from which the claimant is not the sole owner and therefore makes it fair use. The claimant is not affected in any way."
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Interesting line. By the way, that in no way makes it fair use. It just means you are infringing more than one person's copyright. The last sentence does count toward fair use, though.

But it doesn't seem like the OP is thinking he was using the reaction content in a way protected by fair use. It seems like he would be claiming that he didn't use any of her content since she didn't own all the content she posted in her video. While the legality of her use of the game trailer's content is questionable, she still owns what little bit she added to it, and so the OP using it is infringing hers and also the game trailer owner's copyright.
 
You basically used her reaction video without permission. So yes, that strike was well deserved.

The problem with doing channels like that is that you will run into a problem like that more often than once.
 
I'm new to all this. Is it 3 strikes and you are banned on YT?

I just uploaded my first couple vids to YT last night and got my first strike within 4 hours from Warner Bros for a 1940's 16mm clip. I guess I won't last long on YT. I had been putting stuff on the Internet Archive, I guess I will go back to it if they boot me. I do archival work, no $ involved, sad you can't preserve this stuff.
 
I'm surprised you'd get a strike from Warner Bros and not a claim. Are you sure it's not a claim? Did it make you go to "copyright school" to get back into your account?

If it is indeed a copyright strike, if you get 3, your account will go into a kind of probation mode where you can't upload anymore and your account will be terminated if you don't take care of them within 7 days. Having counter notifications in progress counts as taking care of them, but they have to have been accepted by YouTube and forwarded to the copyright owner to count as "processing". This normally takes 3 days from the time you submit them.
 
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