YouTube removes my account?

General discussion of Anime Music Videos
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AceD
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Re: YouTube removes my account?

Post by AceD » Wed Jun 15, 2011 6:16 am

dbootle wrote:Hi ~ I've just joined having recently made my first AMV which I posted on YouTube a couple of days ago. I'm surprised/alarmed to hear that YT take AMVs down - I thought they had a deal whereby if they spot copyrighted material they just slap an advert on it. I assumed any income generated from it then goes to the copyright holder as compensation. Is that not how it works? If it isn't it should be.
It your in one of the big countries (excluding Germany), music in amvs shouldn't be a problem, it's visual content that is....visual content from anime is well worth counter claiming though, if it's used in a mash up video like an amv.

Just don't bother if it's TBS (Tokyo Broadcasting System)

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Re: YouTube removes my account?

Post by Dark Lord of Debate » Wed Jun 15, 2011 12:36 pm

To actually answer the original question, there actually is a way you can get strikes removed from your YouTube account and get the removed videos restored (at leas if you haven't already deleted them yourself, which does nothing to get rid of the strikes and only makes it harder to get rid of them later). At least in my opinion, AMVs a likely fair use under US copyright law, even with respect to the music. This is because they're non-commercial, transformative in the sense that they add new message and meaning to original song, and do not harm the market for the original song as AMVs do not compete with song sales and the music industry does not sell synchronization licenses to consumers.

So all you have to do is file a DMCA counter-notice using YouTube's counter-notice form and your videos will be restored and the strikes removed in about 3 weeks. I've done this before when Square Enix took down one of my Final Fantasy AMVs, and it worked just fine. I actually made a website with a tutorial guiding you through this process, www.fairusetube.org. Hope that helps!
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Castor Troy
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Re: YouTube removes my account?

Post by Castor Troy » Wed Jun 15, 2011 1:45 pm

Dark Lord of Debate wrote:To actually answer the original question, there actually is a way you can get strikes removed from your YouTube account and get the removed videos restored (at leas if you haven't already deleted them yourself, which does nothing to get rid of the strikes and only makes it harder to get rid of them later). At least in my opinion, AMVs a likely fair use under US copyright law, even with respect to the music. This is because they're non-commercial, transformative in the sense that they add new message and meaning to original song, and do not harm the market for the original song as AMVs do not compete with song sales and the music industry does not sell synchronization licenses to consumers.

So all you have to do is file a DMCA counter-notice using YouTube's counter-notice form and your videos will be restored and the strikes removed in about 3 weeks. I've done this before when Square Enix took down one of my Final Fantasy AMVs, and it worked just fine. I actually made a website with a tutorial guiding you through this process, http://www.fairusetube.org. Hope that helps!
Thanks for the info! I'm definitely going to do this.
"You're ignoring everything, except what you want to hear.." - jbone

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AceD
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Re: YouTube removes my account?

Post by AceD » Wed Jun 15, 2011 5:14 pm

The only downside is, especially with TBS...if your counternotice fails, it turns into a "double strike" or complete termination as youtube deems your violating there guidelines by claiming content you don't own.
Dark Lord of Debate wrote:To actually answer the original question, there actually is a way you can get strikes removed from your YouTube account and get the removed videos restored (at leas if you haven't already deleted them yourself, which does nothing to get rid of the strikes and only makes it harder to get rid of them later). At least in my opinion, AMVs a likely fair use under US copyright law, even with respect to the music. This is because they're non-commercial, transformative in the sense that they add new message and meaning to original song, and do not harm the market for the original song as AMVs do not compete with song sales and the music industry does not sell synchronization licenses to consumers.

So all you have to do is file a DMCA counter-notice using YouTube's counter-notice form and your videos will be restored and the strikes removed in about 3 weeks. I've done this before when Square Enix took down one of my Final Fantasy AMVs, and it worked just fine. I actually made a website with a tutorial guiding you through this process, http://www.fairusetube.org. Hope that helps!
I've removed 20 or so strikes thanks to your site, so it does work most of the time, but some companies it doesn't.

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Re: YouTube removes my account?

Post by Shin-AMV » Thu Jun 16, 2011 1:21 pm

I just wanted to reiterate that the counter-notice thing is pretty effective. Most companies aren't going to take the time to sue you for infringement since it would cost them money for very little to no gain and they might not even win the case if you can argue that it falls under fair use even if it is infringing. So unless you're uploading full episodes with links to download everything in the description you should generally be safe.

I've filed about 7-8 counter notices and have yet to have an issue with them. My account even got completely terminated for a few weeks, but as soon as one of the counter-notices cleared and went back down to 2 strikes my account was automatically restored.
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AceD
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Re: YouTube removes my account?

Post by AceD » Thu Jun 16, 2011 5:02 pm

tehninjaness wrote:I just wanted to reiterate that the counter-notice thing is pretty effective. Most companies aren't going to take the time to sue you for infringement since it would cost them money for very little to no gain and they might not even win the case if you can argue that it falls under fair use even if it is infringing. So unless you're uploading full episodes with links to download everything in the description you should generally be safe.

I've filed about 7-8 counter notices and have yet to have an issue with them. My account even got completely terminated for a few weeks, but as soon as one of the counter-notices cleared and went back down to 2 strikes my account was automatically restored.
Ever got one removed that was Tokyo Broadcasting System Inc. ?, would love to know if anybody has got rid of one of them.

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Re: YouTube removes my account?

Post by Shin-AMV » Thu Jun 16, 2011 9:18 pm

AceD wrote:Ever got one removed that was Tokyo Broadcasting System Inc. ?, would love to know if anybody has got rid of one of them.
I've had one from TBS. I didn't run into any problems getting the strike removed from it though.
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