youtube

[gotegenks]

Companies have people or programs that check YT finds - easy as that.

holy shit, they made it someone's job to browse the tube. D:

I ALREADY DO THAT FOR THE LULZ?!@ WHERE'S MY MONEY!

It's hard mode though. Because knowingly misrepresenting yourself by filing a false DMCA claim is a felony.

...these companies hire people to commit felonies?

one of the many reasons why the interwebz is srs business

[msanogi]

It's funny.... in one of my recent AMVs I bleeped out curse words so it could be entered into a contest and even though it's annoying.... the bleeps are the only thing that are keeping youtube from muting my audio, lol.

I keep trying to upload an uncensored version but WMG is not having it....

[Honou_Miko]

I got my youtube suspended from repeated infringements. Did some research, found out the videos that were removed count as Fair Use. Fair Use states that a small amount of copyrighted material is usually necessary for purposes of commentary or parody (can you imagine, what would movie critics do?). As long as they don't contain the "core" of the copyrighted material, it's fine. Two of my videos that got removed were simply parody, so I filed a counterclaim.

They said to wait 10-14 business days to see if the companies respond. What happens is that companies put digital watermarks on their video footage. They then have these bots that go looking for the digital watermarks, because they want to nab the people who are actually uploading full episodes and REALLY infringing on copyright. But, since they're bots, they don't distinguish between what's okay and what's not okay - they just spot their own video footage and delete it. So a lot of stuff gets taken down that shouldn't be.

The important thing to know: AMVs that are not parody can NOT have a counterclaim. I know we all would probably like to think of our videos as commentary, but it would probably take a lot of convincing the higher-ups of this. You can only file a counterclaim if your video was parody or commentary. If you try to fight it and you're wrong, you can get sued... so just don't bother. If you have subscribers, direct them to an account here so that they can download your stuff.

[TritioAFB]

It's always a problem. I made an acc, and in two days was banned thanks to NS, it's a mess that a lot of battles from Shippuden fit a lot with a lot of songs, and you can't use it due to the copyright

[Nya-chan Production]

It's always a problem. I made an acc, and in two days was banned thanks to NS, it's a mess that a lot of battles from Shippuden fit a lot with a lot of songs, and you can't use it due to the copyright

Yeah, NerdStrudel is a bitch |:

[Inkwolf]

I just got my latest video yanked off Youtube. It has to be from the audio, because there are a million Hare + Guu AMVs on Youtube, but only three videos with the Monk theme song, all relating it directly to the Monk TV series.

[Dark Lord of Debate]

@LongCa - It looks like from your original post that your video was not taken down by YouTube's automated content ID system (which is what most of the Warner music blockings are), but a DMCA notice from the anime company. I am a law student who plans on going into copyright law and have studied fair use a great deal, and as far as I can tell the use of the video footage in an AMV is almost certainly fair use. The music is a little more questionable since you use an entire unedited song, but the video footage is so heavily edited that it qualifies as transformative, which makes it much more likely to be fair use. It is also non-commercial, you generally use only brief clips that constitute a very small portion of the original work, and it doesn't compete with the market for the original anime and doesn't have a negative effect on its value. All these things way heavily in favor of fair use, which in my mind justifies filing a DMCA counter-notice, which YouTube has a handy form for doing here: http://help.youtube.com/support/youtube ... nternotice

I once had one of my Final Fantasy AMVs taken down by a DMCA notice from Square Enix and I responded with a counter-notice. My video was restored in about three weeks, the strike was taken off my YouTube account, and I had no further problems. I wrote a blog entry about my experience here. (I also wrote another extensive blog entry about why I believe AMVs are fair use.)

For more information about filing DMCA counter-notices, please see this Guide to YouTube Removals on a website I wrote recently to address these types of questions: http://fairusetube.org.

[Kionon]

I've successfully counterclaimed for video. I have so far not successfully counterclaimed for audio. The reasoning is fairly decent. In most case I do not edit the audio, there is no transformative value in the audio, even if there IS literary criticism being directed at the video work. I used to argue that music in AMVs did not constitute the necessary "substitution" principle to fall under infringement. However, that was before the tube became so ubiquitous that people now actually DO, as silly as it is, go to YouTube, look up a song just to listen to it.

The kiddies are so lazy they can't even be bothered to DOWNLOAD a song anymore, now they just favorite the youtube link every time they want to hear the song.

Frakkin ridiculous if you ask me.

[Dark Lord of Debate]

Personally I still file disputes on the audio (never gotten an actual DMCA notice on audio--just content ID). Even if it's much more questionable whether the audio is fair use, I think you could still make a decent case in court that fair use should be expanded to cover non-commercial uses like YouTube videos which are impossible for ordinary users to license. Even if you couldn't, no major media company has ever actually sued a YouTube user over a video, so I'm willing to take my chances. And if they want to sue me and let me be the test case for the legality of user-generated media, go right ahead, I'm game.

[TritioAFB]

This time I have been getting strikes from audio, instead of anime. That's interesting considering that TV Tokyo is one of the companies dealing with copyright