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General discussionLegal advice(22 posts)solved(22 posts)solved
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This is my favourite topic
Posted May 05, 2017
One of my youtube videos was taken down. It was due to a copyright strike I received, from a takedown request by the production company that made the movie I reviewed in my video.
My video was very negative about the movie, without swearing etc.
The video in question contained ZERO video or audio footage from the movie.
The video did include 3-4 screenshots from the movie.

Is the use of the screenshots enough to not be able to win any argument over this?

The movie I reviewed was the abysmal (pre takedown opinion) Dragon Blade. The production company is Sparkle Roll Media Corporation based in HK I believe.

I sent an email to youtube and their support staff replied with the carbon copy message of the original takedown notice...
I sent an email to Sparkle Roll Media Corporation requesting them retracting the notice. I am awaiting their reply.
The video was at (no longer available) http://www.youtube.com/watch?v=3CVqivXfUB8 with the title Dragon Blade Movie Review, Trusteft's Movie Night.

Not that it should matter but the last time I checked the video had a total of 3 (three) views.
This question / problem has been solved by amokimage
Posted May 05, 2017
I think it should be fair use. However in your case the company is probably abusing youtube's infringement reporting system. Imho try to appeal again.
Posted May 05, 2017
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trusteft: One of my youtube videos was taken down. It was due to a copyright strike I received, from a takedown request by the production company that made the movie I reviewed in my video.
My video was very negative about the movie, without swearing etc.
The video in question contained ZERO video or audio footage from the movie.
The video did include 3-4 screenshots from the movie.

Is the use of the screenshots enough to not be able to win any argument over this?

The movie I reviewed was the abysmal (pre takedown opinion) Dragon Blade. The production company is Sparkle Roll Media Corporation based in HK I believe.

I sent an email to youtube and their support staff replied with the carbon copy message of the original takedown notice...
I sent an email to Sparkle Roll Media Corporation requesting them retracting the notice. I am awaiting their reply.
The video was at (no longer available) http://www.youtube.com/watch?v=3CVqivXfUB8 with the title Dragon Blade Movie Review, Trusteft's Movie Night.

Not that it should matter but the last time I checked the video had a total of 3 (three) views.
A couple of pictures shouldn't cause any problem, otherwise almost all websites would fall foul of this. Was there a specific reason given by them? You could of course just repost taking out the screenshots.
Posted May 05, 2017
Not even the swearing should be a problem, and individual stills from the movie aren't either. But the system youtube has implemented for copyright strikes wasn't created in your favor, quite the contrary.

Legally, you can do crap without a lawyer, and the corporation of course assumes you don't want to and can't spend the money.

However, in some exemplary cases, naming and shaming the corporation works.

Dammit, I love Jackie Chan and John Cusack.
Posted May 05, 2017
Youtube's copyright system is terrible for creators.
Videos get flagged without reason, "fair use" is often ignored, disputes don't obtain anything.
Various famous review channels (e.g: Nostaglia Critic, Angry Joe) still have a lot of trouble with it.
I can only say.. good luck to you. :\
Post edited May 05, 2017 by phaolo
Posted May 05, 2017
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nightcraw1er.488: A couple of pictures shouldn't cause any problem, otherwise almost all websites would fall foul of this. Was there a specific reason given by them? You could of course just repost taking out the screenshots.
^This

Legally you should really be fine, unfortunately Youtube doesn't really work on a legal basis, they just do what they're asked when it comes to this kind of stuff it seems.
But if you remove the screenshots (they can't be adding all that much if there are just a few) and repost they should have absolutely nothing they can base a takedown request on.
Posted May 05, 2017
low rated
youtube.com/user/trusteft man is this your channel? can you tell me your life story please? i would like to know you, to understand how and why you think
Posted May 05, 2017
You should be covered by the fair use thing.

Get back at youtube & let them know in detail everything involved. Chances are some automated thing did it all without a person checking it out before hand.

I had a clip recently copyright striked & all ad' revenue stopped & handed over to someone else, with the reason "This clip contains music from ....." when in fact there was no music from them & everything was directly in game audio only.

Three weeks later after having argued this, I got my clip back in one piece.

Youtube sucks.
Posted May 05, 2017
You should dispute the claim with Youtube. You could have rolled an entire scene in your review as long as the review was pertinent to the scene used because of fair use. You are completely in the right to use it in fair use. Unfortunately, if Youtube actually honored fair use, they'd have to have several employees dedicated to judging disputes and lawyers for the more questionable ones. They'd also lose so much corporate sponsorship due to the companies not being able to exploit the system. Google (and by extension Youtube) are friends of the multimedia corporations, not the content creators. Remember that. They won't ever change until enough people try to fight back.
Posted May 06, 2017
The problem is I don't have the time or the money to fight this IF it goes south.
My concern is the use of the screenshots. They are their intellectual property...

I do have an idea though, I could edit out the screenshots and then use some drawings of mine in paint!
Posted May 06, 2017
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trusteft: The problem is I don't have the time or the money to fight this IF it goes south.
My concern is the use of the screenshots. They are their intellectual property...

I do have an idea though, I could edit out the screenshots and then use some drawings of mine in paint!
It doesn't matter if the screen shots are their intellectual property. You are using them in the correct fair use manner. There won't be a legal battle over it or anything; shitty game developers don't have any more money than you do. Even if they did, there's no grounds for it as the damages awarded by any court wouldn't exceed the time and money needed to bring a case to bear. On top of that, you're in the right here anyhow, and they'd lose the case. Familiarize yourself with fair use laws.
Posted May 06, 2017
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trusteft: The problem is I don't have the time or the money to fight this IF it goes south.
My concern is the use of the screenshots. They are their intellectual property...

I do have an idea though, I could edit out the screenshots and then use some drawings of mine in paint!
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paladin181: It doesn't matter if the screen shots are their intellectual property. You are using them in the correct fair use manner. There won't be a legal battle over it or anything; shitty game developers don't have any more money than you do. Even if they did, there's no grounds for it as the damages awarded by any court wouldn't exceed the time and money needed to bring a case to bear. On top of that, you're in the right here anyhow, and they'd lose the case. Familiarize yourself with fair use laws.
It's not a shitty game developer. It's Jackie Chan's own movie production company.
Post edited May 06, 2017 by trusteft
Posted May 06, 2017
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paladin181: It doesn't matter if the screen shots are their intellectual property. You are using them in the correct fair use manner. There won't be a legal battle over it or anything; shitty game developers don't have any more money than you do. Even if they did, there's no grounds for it as the damages awarded by any court wouldn't exceed the time and money needed to bring a case to bear. On top of that, you're in the right here anyhow, and they'd lose the case. Familiarize yourself with fair use laws.
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trusteft: It's not a shitty game developer. It's Jackie Chan's own movie production company.
I doubt its the great man himself though. These kind of things are always faceless grey talentless nobodies (lawyers/auditors if you prefer disc world).
Posted May 06, 2017
Doesn't Nintendo do this? I've heard any time they come across a negative review they demand it be removed citing unauthorized use of their company/product name.
Posted May 06, 2017
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tinyE: Doesn't Nintendo do this? I've heard any time they come across a negative review they demand it be removed citing unauthorized use of their company/product name.
No, Nintendo demands anything (positive or negative) that they haven't approved explicitly get taken down. They file content claims on EVERYTHING except a few channels that are in Nintendo's approved group, and the requirements for posting videos containing Nintendo content are really unreasonable (including giving Nintendo 60% of the profit from such videos and only being able to post positive information).

Until Youtube decides (i.e. is forced) to start behaving legally and honoring fair use, then this will continue. Anyone can content id anything and Youtube's first response is to take all revenue and give it to the claimant instead of holding the funds and doing an actual investigation. But Google loves the big companies that give them money and are terrified that if they stop being anti-consumer, then those corporations will withdraw their money. It sucks. But that's the way it is right now.
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General discussionLegal advice(22 posts)solved(22 posts)solved
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