Dealing with DMCA Takedown Notices

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Brakus
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Dealing with DMCA Takedown Notices

Post by 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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Castor Troy
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Re: Dealing with DMCA Takedown Notices

Post by 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

Post by 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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CodeZTM
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Re: Dealing with DMCA Takedown Notices

Post by 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

Post by 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

Post by 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

Post by 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

Post by 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

Post by 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

Post by 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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