Songbird21 wrote:BasharOfTheAges wrote:Submit a copyright violation notification if you have project files and such you can use as evidence.
How could it be a copyright violation when I don't own the footage or the music?
From the <a href="
http://www.copyright.gov/circs/circ14.html">US Copyright Office</a>: A “derivative work,” that is, a work that is based on (or derived from) one or more already existing works, is copyrightable if it includes what the copyright law calls an “original work of authorship.” Derivative works, also known as “new versions,” include such works as translations, musical arrangements, dramatizations, fictionalizations, art reproductions, and condensations. Any work in which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship is a derivative work or new version.
Under that definition AMVs could be argued to be derivative works and you can claim copyright for anything you've done to make it different from the original source. Although this does open up a huge can of worms on if you have the legal right to create a derivative work to begin with (short answer: no) or if a court would side with you if things went that far. But the DMCA only requires a 'good faith belief' that infringement occurred, not that you be able to clearly prevail in a court case. If you believe AMVs are derivative works then you have justification for using the DMCA to protect your AMV.
In other words, go ahead and flag it. Your edits are yours and no one else should be able to use them without permission anymore than they should be able to host unedited Naruto episodes without permission.
OTOH I still think most anger at youtube boils down to 'they stole what I stole first!'