YouTube copyrights and strikes

Di4beu

Di4beu

Member
Ok, so... few days ago came across new Star Trek trailer (not on YouTube) website i found it provide option to download it because i liked it so i did it. Few hours later, after checking YT i found the same trailer already on few channels, i thought it won't charm anyone and won't be a big deal to upload it from my PC. After i did it about 10 minutes later video was deleted from my channel and i got copyright strike for doing so. Apparently i'm on the watch now.. cannot upload videos longer than 15 minutes and it can last to 6 months. Now this trailer is all over YouTube and i don't see that any other channel has the same problem as i do. I did some research "Fair Use" under US Copyright Act, Title 17 512 (g)(f), specifically those clauses covering Comment and Criticism, as well as the DMCA and "Fair Dealing" under UK Copyright, Designs and Patents Act 1988 c.48, Part 1(Copyright) Section 79.4a - says that i HAVE a right to use and redistribute any copyright material i come across for purposes of comment and criticism - as i did, i comment and gave my criticism opinion on what i think about it...

I would like Your opinion about this matter, thanks.
 
Fair use doesn't go very far on YouTube, particularly for non-partners. Also in the case of a trailer it's likely that even with commentary you'd still be re-posting too much of the original content (as in, the entire trailer) to hope for fair use. Additionally, it sounds like it was caught with a ContentID match, and movie studios are a b***h about copyright.

Honestly I think you're gonna have to wait out the 6 months.
 
which is why it pisses me off. for every rule YT has a million exceptions. ALL of the trailer vids should be taken down if they're so uptight about it, not just 'joe average's' video.
 
If you actually modified the video and did something like a voiceover, that might be considered fair use (but there are certainly other factors). If you just re-uploaded the video as is without modifying it, it definitely wasn't fair use and you basically have no recourse. If you strongly feel it was fair use you could theoretically do a counter-DMCA notice, but that would open you up to getting sued, so that would not be done unless you are absolutely sure it was fair use. You could also contact the entity that submitted the DMCA notice and plead with them to rescind the DMCA notice, possibly with the agreement that you will remove the video yourself. You'd have to explain the problems a copyright strike causes for your account. If you can get them to take back the dmca notice, the strike should go away.
 
You must log in or register to reply here.
Back
Top