Dealing with DMCA Takedown Notices

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Dealing with DMCA Takedown Notices

Postby Brakus » Thu Jun 07, 2012 8:00 am

This morning I received a Takedown Notice from YouTube about one of my AMVs. Apparently it was a third-party notification from Sony Music Japan International. And this video had been on YouTube for over 1 1/2 years without any problem.

How have some of you dealt with these YouTube Takedown Notices? Have some of you successfully filed counter-claims in the past? I host other videos, not just AMV's, on my YouTube channel, and I'd hate to see all my stuff get shut down because of a person's or a company's complaint about "infringing copyright" and such.
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Re: Dealing with DMCA Takedown Notices

Postby Castor Troy » Thu Jun 07, 2012 8:15 am

I lost my channel 4 times and got it back 3 times filing counter claims.

After the 3rd time, your channel's pretty much dead meat.

Youtube sucks.
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Re: Dealing with DMCA Takedown Notices

Postby TritioAFB » Thu Jun 07, 2012 8:27 am

In the past I was affected by the loss of Pletora in my YT channel thanks also to Sony. Then my channel taken down like 5 times and returned back, but this is becoming troublesome cause now I dunno when my channel will disappera again
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Re: Dealing with DMCA Takedown Notices

Postby CodeZTM » Thu Jun 07, 2012 8:32 am

I'm not really interested in filing counter claims. Usually, if it goes down, I just let it go down. YouTube is mostly a placeholder for my videos, do a few MEPs with and keep up with people that aren't on this site. Oh, and a way for me to keep up with subscriptions to fuel my gaming addiction.
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Re: Dealing with DMCA Takedown Notices

Postby EvaFan » Thu Jun 07, 2012 9:10 am

Don't worry, if your lucky the video will be uploaded by other people on their channels and still not taken down and never will since its not you just cause thats usually how it goes (with my luck anyway). Reason why I'm here instead of there.
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Re: Dealing with DMCA Takedown Notices

Postby Shin-AMV » Thu Jun 07, 2012 9:11 am

I dunno why people have issues with filing counterclaims, there's no real science behind it or anything. You fill out the claim form with very basic information, mention some stuff about it falling under fairuse to youtube in the comment box and about 2-3 weeks later your stuff gets restored and the copyright strike is removed. I've filed about 8-9 of them now without having an issue with it. Most companies won't even take the time to look at the counterclaims and won't respond to it, so its just a matter of waiting that obligatory period to get your stuff back. The majority of AMVs have a fairly decent fairuse argument behind them and most companies aren't going to really want to sue individuals over something like that unless they have a few other compelling reasons to do so along with it (i.e. monetizing, it lacks any transformative qualities etc. etc.)

The only problem I've ever run into is if the youtube system gets derpy and takes forever to forward the form to the respective copyright holders, because that waiting period doesn't start until its forwarded to them, so if you don't get an email in about a week or two from youtube about the status of it, just fill it out again.

Anyhoo. http://fairusetube.org/
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Re: Dealing with DMCA Takedown Notices

Postby AceD » Thu Jun 07, 2012 9:17 am

I've sent loads over the last few years, no problems. Quite a lot takedowns are by Sonys bots anyway, scraping information based on description and tags....especially if its something that's still airing on Japanese TV, there bots mistake you're amv for an anime episode.
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Re: Dealing with DMCA Takedown Notices

Postby TritioAFB » Thu Jun 07, 2012 10:07 am

AceD wrote:Quite a lot takedowns are by Sonys bots anyway, scraping information based on description and tags....especially if its something that's still airing on Japanese TV, there bots mistake you're amv for an anime episode.


Could you please explain better that point? I'm curious about that :amv:
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Re: Dealing with DMCA Takedown Notices

Postby AceD » Thu Jun 07, 2012 10:23 am

TritioAFB wrote:
AceD wrote:Quite a lot takedowns are by Sonys bots anyway, scraping information based on description and tags....especially if its something that's still airing on Japanese TV, there bots mistake you're amv for an anime episode.


Could you please explain better that point? I'm curious about that :amv:
There's not much to say, don't put anime/song names anywhere and you will get far less takedowns because the bots won't get you, only an actually person can. Downside of that is far less people will see you're video.

The link Shin posted is pretty good, that was the site i read a few years ago...the guy that owns it had made AMVs also and posted them on youtube...he has some articles about counter-claiming and amvs somewhere on the site.

Unlike what Shin said though telling everybody to go file counter claims on any AMV is not a good idea, if you're video is taken down by Universal Music, and you're audio is owned by Universal Music, i seriously wouldn't risk that unless the audio is clearly edited. They might not do anything most of the time but they have every right to. I'd see whos claiming first, and the reason...then check who actually owns all the content....and decide from there if its truly fair use.
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Re: Dealing with DMCA Takedown Notices

Postby Castor Troy » Thu Jun 07, 2012 10:24 am

I highly recommend *NOT* using youtube as a placeholder/archive for amvs.

Make your own blog/site and embed them from the .org if you're a donator.
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Re: Dealing with DMCA Takedown Notices

Postby Chiikaboom » Thu Jun 07, 2012 11:08 am

I've had the same youtube account for 7-8 years. I've hardly had an issue with copyright strikes. I think i've only ever had 2 videos taken down, and the strikes are long gone now. Yet I have friends who are constantly making new accounts because they get strikes every other day. A lot of my friends wont even put the anime/song in the description to help prevent it from getting taken down, yet I have the anime and song listed in every single one of my videos (and I have like, 80+ videos uploaded). I dont even mention fair use in my descriptions.

So I dont think theres any way to prevent getting strikes on your videos, no matter what you put in your description, how old your account is, how popular your video is, etc. You're either lucky or you arent. In which case, I think im rather lucky |:>

Filing counter claims are easy peasy though - they scare you into thinking the copyright holders could take you to court (and thats true, they have every right to) but 99% of videos being taken down on a daily basis are because of copyrighted music or video and these companies are getting thousands and thousands of counter claims every day. I dont think they've ever responded to one because i've never once heard of a youtube user being sued over using copyrighted music or video. Correct me if im wrong.
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Re: Dealing with DMCA Takedown Notices

Postby Radical_Yue » Thu Jun 07, 2012 11:14 am

Yeah, I've never had a single problem resolving a copyright claim :/

But I'm kinda with Code on the "it's just a placeholder" but I say kinda because I look at youtube as a "Oh, I might as well throw my video on there" or as a place to spam stupid promotions I make in a couple hours. In other words, I don't take it seriously at all. The way people obsess over views and subscribers kinda confuses me. :/

Remember back in the day when people would ask "Why do you edit" and everyone would always answer for teh wimmins or profit? I've basically just replaced wimmins/profit with views/subscribers in my head because it's just as stupid.

Youtube is a dumping ground. That doesn't mean I think are their editors are dumpy, far from it in fact. But it's youtube. Shit gets taken down constantly. File your claim and if it doesn't work, cry about it.
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Re: Dealing with DMCA Takedown Notices

Postby BasharOfTheAges » Thu Jun 07, 2012 11:31 am

I find not using the service in the first place to be the best course of action.

It's not the DMCA claims you have to worry about - companies are getting sick of dealing with the DMCA take-down process, so they're paying to have legislation crafted that gets rid of safe harbor and fair use. At the same time they're also crafting direct deals with youtube to issue non-DMCA take-downs and digital fingerprinting agreements that you cannot file counter claims against. The loud opposition to the former thus far is pushing a number of rights holders to the latter. The big problem with these agreements is that there is no oversight or challenges in place. The individuals that paid for the kill switches can take down anything they want to, whether they own the rights to it or not.
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Re: Dealing with DMCA Takedown Notices

Postby Chained(E)Studio » Thu Jun 07, 2012 12:36 pm

I only get "matched third party content" and so its blocked for some countries, mostly due to the music.

I used to file counter-claims and they worked perfectly fine. Though, Google changed their privacy rights this March, and so I am no longer comfortable using the counter-claim option. So if it goes down, it goes down. I keep most of my AMVs here now anyways, so if someone wants to view them they can follow the link on my account and do so =3.

If your other video's aren't infringement, I would make 2 different accounts with different emails, and keep the infringement and non-infringement separated.
Last edited by Chained(E)Studio on Thu Jun 07, 2012 12:36 pm, edited 1 time in total.
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Re: Dealing with DMCA Takedown Notices

Postby Castor Troy » Thu Jun 07, 2012 12:36 pm

Chiikaboom wrote:I've had the same youtube account for 7-8 years. I've hardly had an issue with copyright strikes. I think i've only ever had 2 videos taken down, and the strikes are long gone now. Yet I have friends who are constantly making new accounts because they get strikes every other day. A lot of my friends wont even put the anime/song in the description to help prevent it from getting taken down, yet I have the anime and song listed in every single one of my videos (and I have like, 80+ videos uploaded). I dont even mention fair use in my descriptions.

So I dont think theres any way to prevent getting strikes on your videos, no matter what you put in your description, how old your account is, how popular your video is, etc. You're either lucky or you arent. In which case, I think im rather lucky |:>


Youtube has some advanced video/audio scanner that can detect copyrighted footage/songs regardless of what you put in the description. Some people have tried to get around this by changing the pitch of the song, mirroring the footage, or adding a shit ton of video filters to make it look different. However, YouTube is also getting smart about this.

Even if your amvs have been fine for years, Youtube will catch you eventually. It's only a matter of time.

I uploaded Naruto Ball Z Shippuden to Youtube under a new account and it was flagged as soon as it was uploaded.

BasharOfTheAges wrote:I find not using the service in the first place to be the best course of action.


This.

Back in 2005-2006, youtube was a decent place to upload videos to get a new audience, but now they're more interested in looking out for themselves to avoid copyright infringement from other companies. Youtube is a gigantic audience (I think it's the #2 or #3 site next to google), but just remember while Youtube is big, the internet is much bigger.
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