Remove Copyright Strike

[RIDDLER_8 5,553]

Hi. I am aware that my blocked video of the movie Twiggy - The Boy Friend - 1971 is still under copyright. I am only intending to use this copyrighted material under the "Fair Use" policy in its (legal) manner.

Under the "Fair Use" policy I have included two (legal) laws that describe that I am not making and money or profit from the film Twiggy - The Boy Friend - 1971 and that there is no negative effect on the original work and music of the movie as well as motion picture.

I am writing to you because one of my videos on my YouTube account has been given a "copyright strike". Please can you do me a favour on removing the "copyright strike" on my video to re-enable it. Removing my "copyright strike" shall unblock the video and make it playable and also restore my YouTube account back to good standing order again.

I am only planning of using this video on YouTube (legally).

 

Please can you also contact the claimant and ask him to kindly remove the copyright strike and unblock the video and explain to him that I only intend to use my uploaded video of the movie Twiggy - The Boy Friend - 1971 legally under the "Fair Use" Policy. I have previously, already contacted the Warner Bros. Entertainment claimant, antipiracy@warnerbros.com and he refused to remove the copyright strike and unblock my uploaded YouTube video.

Below are all the details of my blocked video (from my YouTube channel):

 

Blocked Video Name:                                    Twiggy - The Boy Friend - 1971

 

Blocked Video ID:                                           Z0Jv42Hd1JM

 

Blocked Video URL:                                        https://www.youtube.com/watch?v=Z0Jv42Hd1JM

 

Claimant:                                                          Warner Bros. Entertainment

 

Claimant Email:                                               antipiracy@warnerbros.com

 

Content:                                                            Film "The Boyfriend DVD (Classic)"

 

Policy:                                                                Video taken down

 

 

Note: That I only plan to use the uploaded video (legally) within "Fair Use".

Fair Use - Policy

 

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favour of fair use.

Purpose and character of use

The purpose and character is non-commercial, transformative use. No money is being earned from the video, and the use of the music in the video qualifies as transformative because it adds new meaning and message to the song.

The effect of use upon the potential market for, or value of the original work

There is no negative effect on the value of the original work as my use does not substitute for or compete with the original. Moreover there is no negative effect on any licensing market for the original song, as the major music labels have not provided any means to license music for use in YouTube videos.

I really need your help, so please take action. It's URGENT! Please reply to me here at cesare@live.co.uk as soon as possible.

 

Good luck and thank you tankers.

 

Thank you.

 

Edited April 2, 2016 by RIDDLER_8

[RIDDLER_8 5,553]

This is not a joke. I have been given a copyright strike on one of my uploaded YouTube videos. Please help me to remove the YouTube strike.

 

:(

Edited April 2, 2016 by RIDDLER_8

[golden5648 1,686]

Even I was rewarded with a stupid copyright strike some weeks ago... Just submit a counter-notification if you think the song wasn't copyright or if there was a mistake in identifying the strike...

[RIDDLER_8 5,553]

I have already submitted a Counter Notification to the "Warner Bros. Entertainment" Claimant and they refused to remove the Copyright Strike. Please can you do something on removing my copyright strike.

 

I have already given you to link to my blocked YouTube video and all other information regarding this issue.

 

Please help me.

 

:(

Edited April 2, 2016 by RIDDLER_8

[hhgb 2,655]

Lately there has been a little "copyright war" going on about Google services such as blogs, Youtube videos, and images. It's a rather gray area and some things get taken down without proper documentation from the holder. So essentially anyone could launch a copyright infringement report on something such as a game review blog last month, which was taken down because it criticized a game, and someone (not affiliated in any way with the game development team) launched a claim and it was taken down for a short while.

 

At this point find other sites to host your media where it's safer. It can't be that hard to find alternatives you the already popular websites.

[RIDDLER_8 5,553]

YouTube is exaggerating on giving Copyright Strikes to their customers who upload music videos online.

 

My YouTube channel contains very rare music and documentary footage about various artists including Twiggy.

 

My YouTube channel is the home for Twiggy Lawson videos.

 

You can watch my videos on my YouTube channel https://www.youtube.com/channel/UCcp_XutZAcfJ2tzuNbN3EHw here. By the way I need lots more subscribers and views to get my YouTube channel to become very well know and much more popular.

 

Thank you.

 

:D :)

Edited April 2, 2016 by RIDDLER_8

[GoldRock 6,165]

Oh dear...

 

Uploading the whole DVD isn't protected by the Fair Use policy. Your copyright strike is justified.

 

As per the 'four factors of Fair Use':

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

Courts typically focus on whether the use is “transformative”. That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to be considered fair, though it is possible to monetise a video and still take advantage of the fair use defence.

 

2. The nature of the copyrighted work

Using material from primarily factual works is more likely to be fair than using purely fictional works.

 

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.

 

4. The effect of the use upon the potential market for, or value of, the copyrighted work

Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.

 

I've put all the bits in italics which work against your use of the video. You've pretty much gone against every factor.

 

And...

 

Myth #3: “Entertainment” or “non-profit” uses are automatically fair use.

Courts will look carefully at the purpose of your use in evaluating whether it is fair, but the three remaining factors also need to be considered. Declaring your upload to be “for entertainment purposes only”, for example, is unlikely to tip the scales in the fair use balancing test...

 

etc. etc., the above has been pulled from YouTube's page on the subject here: https://www.youtube.com/yt/copyright/en-GB/fair-use.html

 

The Fair Use policy is meant to protect the user in copying copyrighted material for limited and/or 'transformative' purposes without needing the permission of the owner, which are of some value - such as taking small excerpts from a film for research or personal-use-only purposes. Of course, having purchased the DVD you already have personal use rights. The Fair Use policy does not, however, allow you to upload whole copyrighted DVDs to YouTube. This violates the rights of the owner, who owns the material and who has the reasonable right for it not to be completely copied in a way that could damage the owner's profits. 

 

Your case is quite clearly one where the copyright strike was absolutely justified - it's not even dubious... Next time, don't upload copyrighted DVDs to YouTube. You're damaging the rights of the owners, who deserve to have their work protected. What you (and many others) have done is why artists, film-makers and singers continue to lose the pay they're rightfully entitled to for their work.

Edited April 2, 2016 by GoldRock

[Guest]

Oh dear...

 

Uploading the whole DVD isn't protected by the Fair Use policy. Your copyright strike is justified.

 

As per the 'four factors of Fair Use':

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

Courts typically focus on whether the use is “transformative”. That is, whether it adds new expression or meaning to the original, or whether it merely copies from the original. Commercial uses are less likely to be considered fair, though it is possible to monetise a video and still take advantage of the fair use defence.

 

2. The nature of the copyrighted work

Using material from primarily factual works is more likely to be fair than using purely fictional works.

 

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

Borrowing small bits of material from an original work is more likely to be considered fair use than borrowing large portions. However, even a small taking may weigh against fair use in some situations if it constitutes the “heart” of the work.

 

4. The effect of the use upon the potential market for, or value of, the copyrighted work

Uses that harm the copyright owner’s ability to profit from his or her original work are less likely to be fair uses. Courts have sometimes made an exception under this factor in cases involving parodies.

 

I've put all the bits in italics which work against your use of the video. You've pretty much gone against every factor.

 

And...

 

Myth #3: “Entertainment” or “non-profit” uses are automatically fair use.

Courts will look carefully at the purpose of your use in evaluating whether it is fair, but the three remaining factors also need to be considered. Declaring your upload to be “for entertainment purposes only”, for example, is unlikely to tip the scales in the fair use balancing test...

 

etc. etc., the above has been pulled from YouTube's page on the subject here: https://www.youtube.com/yt/copyright/en-GB/fair-use.html

 

The Fair Use policy is meant to protect the user in copying copyrighted material for limited and/or 'transformative' purposes without needing the permission of the owner, which are of some value - such as taking small excerpts from a film for research or personal-use-only purposes. Of course, having purchased the DVD you already have personal use rights. The Fair Use policy does not, however, allow you to upload whole copyrighted DVDs to YouTube. This violates the rights of the owner, who owns the material and who has the reasonable right for it not to be completely copied in a way that could damage the owner's profits. 

 

Your case is quite clearly one where the copyright strike was absolutely justified - it's not even dubious... Next time, don't upload copyrighted DVDs to YouTube. You're damaging the rights of the owners, who deserve to have their work protected. What you (and many others) have done is why artists, film-makers and singers continue to lose the pay they're rightfully entitled to for their work.

Answered, thank you :)

Also, @RIDDLER_8, sorry to inform you but this is not a legal department, this is an online Game Forum which is totally indipendent and not related to YouTube.

 

Please send your complaints to Google / YouTube Tech Support, this is not the correct place for you to do so.