AMV Removal on YouTube and the Frustration it produces

[noexcusepunk]

Well, it's been a long time since I posted, but I figured I'd come back with a "bang." So to speak.

Now, I'm not much of a YouTuber, but I HAVE posted some of the videos I've done on that medium. After a certain amount of views though, it appears that they all have been steadily taken down due to "copyright infringement," Even with all the disclaimers and accrediting the original content to both the musical artist and original Japanese production team.
This, everyone knows is an evil that we can't really do much about.
However, I've been sending emails to all the companies that have basically flagged my videos, just to see if anything hits home.
I wanted to share that with you guys to see what you think.

Hello,

I recently went to YouTube, who I know you have no affiliation with, save for the constant degradation you show to your fans on it, and recently discovered that my account has been deleted due to your copyright "infringement" claim. You, amongst many other anime-producing companies, are consistently removing the fan-produced videos to which pay homage to the many anime title's that you produce.
This is not stealing, or showing your works in their original format on YouTube, this is an edited video sourced from the DVD’s you have put out which were paid in full by the person editing them, and lovingly molded to music in order to make a music video that is nowhere near the length or really even similar to the original content save a few minutes. I'm sure I can speak for most Anime Music Video crafters when I say that we hold those who expect some sort of monetary gain from content that is not their own in the highest disgust.
The videos the editors craft from your DVD sources are then posted online in many different forums, some to high acclaim. The wonderful thing about this, is that it exposes your work through our free work to a much wider audience. People who have never even seen the series, but who like what the editor does and likes the way they portray the anime in the video, usually tend to want to see what all the fuss is about, and proceed to purchase the series from YOU. Not from the editor or poster of content on the forums, YOU.
Fan crafted materials are FREE ADVERTISING. You do not pay for them; many times it is the poster who does in order for it to be hosted in some cases.
The poster or editor does not expect any monetary means of approval or compensation; only the respect and happiness that a well made video might bring from the many would be and established fans of the series in question.
You are shooting yourselves in the foot with this, and if it continues to happen, I can only assume you have trouble identifying with the culture, and the fans therein. Both, are basic elements of business with entertainment.
This email is not to threaten, nor really is it to demand anything, save to bring to your attention the plight that befalls you and your company, and to hopefully bring understanding to this policy of folly.
Sincerely,
Joe


Anyhoot, I expect this email to go unnoticed, but I couldn't help myself. It's pathetic that the very companies seeding the culture, don't try to understand or embrace it.

[Bauzi]

Even with all the disclaimers and accrediting the original content to both the musical artist and original Japanese production team.

Yeah I know what you mean. I even linked to sites where people are able to buy the songs. Still... the disabled the video. However they enabled it again without telling me. I was quite surprised because it's still labeled as "Third Party Content".

Oh I have one copy right infringement video. Which was kinda stupid because I said that I didn't made it by myself. The artist just seams to be a dick.

However, I've been sending emails to all the companies that have basically flagged my videos, just to see if anything hits home.

Last time somebody did something like that (asking Evanescenes if they made all the amvs here), it ended bad.

Well I think your email is alright. I'm happy you mentioned the advertising part. I can't buy something that I don't know.

[AFT]

Welcome back
Sadly this is something that the amv community has had to put up with basically since the start. Most likely these companies or musical groups won't grow to accept, let alone embrace, the creation of amv's. Oviously, I completely agree with you and fail to see how they don't appreciate the work we do.
And as for the tube, figure if they don't want our videos up, their loss.

[noexcusepunk]

I can see what you mean Bauzi.
That's why I made sure to give as little information as I could about anything outside of the company and youtube themselves. Don't want any unnecessary attention on my favorite AMV site.

[AceD]

1) Go to "My Videos".
2) Select "Resolve Copyright" on the video you are having copyright issues with. OR, go to the video itself and choose "resolve copyright" from there.
3) Scroll down and pick the option "I want to learn more about this dispute process".
4) Scroll down and pick the option "Take me to the dispute form".
5) Pick option #2 and PASTE the following statement into the text bar next to it;

"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 favor of fair use."

6) Fill out the rest of the info on the page. Use your REAL name where it asks for it. Choose "Continue" when all information has been filled out.
7) Scroll down on the next page and select "Submit dispute".


jsut do that, AMV's seem to fall under ''fair use'' - they always get put back up with an i-pod advert...

[CodeZTM]

I was actually pretty surprised to read such a nicely crafted letter. Usually, youtuube or copyright letters on here only seem to contain "ZOMG FAGGOT" or "WTF".

So I commend you for that.

[BasharOfTheAges]

...
5) Pick option #2 and PASTE the following statement into the text bar next to it;

"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 favor of fair use."

Care to cite precedent where fanviding or any other similar activity has been covered as fair use? How about any time it's been used as an affirmative defense?

[downwithpants]

you would need to limit yourself to a very short segment of the music to have a shot at fair use

[guardiansoulblade]

Square Enix ignores fair use and took down two of my Final Fantasy AMVs. So fair use defense doesn't always work on UTube.

[godix]

1) Go to "My Videos".
2) Select "Resolve Copyright" on the video you are having copyright issues with. OR, go to the video itself and choose "resolve copyright" from there.
3) Scroll down and pick the option "I want to learn more about this dispute process".
4) Scroll down and pick the option "Take me to the dispute form".
5) Pick option #2 and PASTE the following statement into the text bar next to it;

"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 favor of fair use."

6) Fill out the rest of the info on the page. Use your REAL name where it asks for it. Choose "Continue" when all information has been filled out.
7) Scroll down on the next page and select "Submit dispute".


jsut do that, AMV's seem to fall under ''fair use'' - they always get put back up with an i-pod advert...

I did that once. They restored the video. They took the video back down within 2 hours. Doesn't always work.