help being IP trolled on YouTube

Xian-Luc Picard · May 2, 2017

It was used in a public performance that is being distributed to the public via YouTube. Beyond that, there was an advertisement for a dance studio at the end which could constitute a profit motive - especially when you have 5 million viewers - and not intended to be used for educational purposes, which could be exempted under "Fair Use" (Section 107). Those factors outlined under: (Title 17; Chapter 1; Section 110 - U.S. Copyright Law) could be considered violations of the law.

That being said, was that *you*??? Points for presentation! Good work, sir!

AstroSam · May 2, 2017

Here is something I do not understand. There is this message which says like (translated from German language) "your video contains copyright material. The copyright owner acknowledges the usage of his material in your video. But there could be advertisment displayed/showed".
So far so good. But whats the difference to your vid @DirectorGunner ? In my understanding, WMG participates from this huge amount of views due to the showed ads, or don't they? So why would they want to delete your video from youtube?
I do not understand this. But nevertheless its a warning not to use copyright material respectively cut it down to pieces which won't be recognized as copyright material from the YT bots. Damn bloodsuckers anyway.

[edit]regarding your question what you should do: follow their "advice". I think that from the lawyers point of view there is nothing you could do. *Perhaps* invest some money and ask a lawyer for his/her advice. But chances of success, I'd say, are very low, I'm sorry.

Xian-Luc Picard · May 2, 2017

AstroSam said:
Here is something I do not understand. There is this message which says like (translated from German language) "your video contains copyright material. The copyright owner acknowledges the usage of his material in your video. But there could be advertisment displayed/showed".
So far so good. But whats the difference to your vid @DirectorGunner ? In my understanding, WMG participates from this huge amount of views due to the showed ads, or don't they? So why would they want to delete your video from youtube?
I do not understand this. But nevertheless its a warning not to use copyright material respectively cut it down to pieces which won't be recognized as copyright material from the YT bots. Damn bloodsuckers anyway.

[edit]regarding your question what you should do: follow their "advice". I think that from the lawyers point of view there is nothing you could do. *Perhaps* invest some money and ask a lawyer for his/her advice. But chances of success, I'd say, are very low, I'm sorry.

Unfortunately, U.S. copyright laws heavily favor the content owners; there are very few instances that you can claim "fair use". I think personal videos like this should be exempt but they often aren't... everyone wants their piece of the pie. Honestly, I think what really caused a problem here was the fact that it has an advertisement at the end and that it has 5 million views.

Ripcord33 · May 2, 2017

WMG tried filing a copyright on one of my videos which used royalty free music, they claimed they had a copyright on the music, which they didn't, i filed an appeal through youtube and they dropped the claim in about 48 hours, imo WMG basically trolls youtube looking for free money.

However in this situation, which sucks tbh, you are probably better off removing your claim and avoiding the copyright strike on your account, you can always go into the youtube content creator and overlay a music track that hides the copyrighted content and therefore "should" remove WMG's claim to profit off your video.

copyright, particularly in the US is a very sticky and unfair matter, and can be hard to muddle through.

Printimus · May 2, 2017

Laws are dumb

Shadow Reaper · May 2, 2017

US Intellectual Property law is amongst the most enlightened and fair in the world. People who earn a living by creating intellectual properties will tell you why and how this is. If you are one of the children who grew up in the digital age where intellectual property theft has been romanticized by calling it "pirating", you are more than likely too ignorant to speak on this subject.

Intellectual properties need to be protected just like any other properties, and when they are not sufficiently protected, all innovation stops in its tracks. We have the laws we have for the best of reasons, ignorant statements notwithstanding.

Mich Angel · May 2, 2017

I would just go into the youtube content creator and hide the copyrighted content and ad a nice FU in the end ;)

Cheers! :beer::beers:

BUTUZ · May 2, 2017

Wow dude your the most successful content creator in test!! Don't let them take it down do whatever you must to stop them.

Montoya · May 2, 2017

Sorry to say this, but it looks like they got you.

Its not IP trolling, this is not some random 3rd party looking to make a buck, this is WMG, Warner Music Group!

Bottom line is that you are using the music in your video, that music belongs to them, they own the rights.

Unless you had specific permission to use this song for this video, they can claim it, and they have.

Videos have been taken down for a lot less than this!

Cancel the appeal, let them monetize it. The bulk of the views have already been made and you get to keep the traffic.

StdDev · May 2, 2017

I agree with whats his name above... WMG owns the rights ( or represents the owners ) of the music... it would totally destroy the video if you removed the music ( or maybe you could replace that music with some other public domain music.. which would be damn near impossible ).
Retract your appeal, and let them do what they want.. as long as the video stays up (the video is in a real sense your business card.
Consider it a lesson learned.

ThomSirveaux · May 2, 2017

Montoya said:
Sorry to say this, but it looks like they got you.

Its not IP trolling, this is not some random 3rd party looking to make a buck, this is WMG, Warner Music Group!

Bottom line is that you are using the music in your video, that music belongs to them, they own the rights.

Unless you had specific permission to use this song for this video, they can claim it, and they have.

Videos have been taken down for a lot less than this!

Cancel the appeal, let them monetize it. The bulk of the views have already been made and you get to keep the traffic.

I was typing a response, but you put it better than I could have. What's more, it sounds like the song was overlaid into the video, which makes sense, but makes it super easy for a label to tag.

Really, I think Youtube should have a specific checkbox that removes all monetization for a video, especially if you're uploading a piece of private work. "Yes, I'm using copywritten material but I am refusing any monetization," etc, etc, etc.

My student's have used standard pop music on the videos they uploaded of this year's robot... every single one of them has been claimed by the recording companies. Can't dispute for jack, and they don't understand the need to use CC music... or that it even exists.

Next year, though... next year will be better. All Free music, all the time!

DarthMatter · May 2, 2017

Shadow Reaper said:
US Intellectual Property law is amongst the most enlightened and fair in the world. People who earn a living by creating intellectual properties will tell you why and how this is. If you are one of the children who grew up in the digital age where intellectual property theft has been romanticized by calling it "pirating", you are more than likely too ignorant to speak on this subject.

Intellectual properties need to be protected just like any other properties, and when they are not sufficiently protected, all innovation stops in its tracks. We have the laws we have for the best of reasons, ignorant statements notwithstanding.

Of course property needs to be defended. The problem is when big companies starts to go after things they should not be able to control. Reviewers on Youtube are getting manually issued strikes for using trailer footage in video-reviews. Imagine a newspaper getting in trouble for a reviewer using the poster of a movie in conjunction with a written review.
As they have the right to have their products/properties defended, so do others.

BUTUZ · May 2, 2017

Yeh I agree with several people above but mostly Montoya as he is the boss of all of us and if he requests instant financial remuneration for using either the colour yellow, the colour black, or the word test, or the word squadron, or the idea of "an aptitude for getting drunk and nor regarding the consequences" I will have no choice but to pay up or face bankruptcy and becoming a tramp. I certainly already drink enough so the smelly coat and small dog and brown paper bag will be acceptable in this scenario. Actually I don't have the money to pay him up so I will end up a tramp for certain.

I am all for content creators rights, and I am all for copyright and it's enforcement where necessary but some of the stuff that goes on, on YouTube and the wider internet by ginormous multi billion dollar companies using "automate bots" to tag thousands of videos does remind me of the "mp3" backlash which ended up with customers downloading songs as a kind of protest, and then being a totally unreasonable punishment by ending up suing the poor bastard in their bedroom listening on an iPhone after they downloaded something on a website somewhere not really knowing the ins and outs of the wider copyright and intellectual property war going on all around them.

I digress!

ThomSirveaux · May 3, 2017

DirectorGunner said:
YouTube won't even give me the option to remove the damn song

Lawyer said he'd call today, never did.. great. Still waiting for legal council. Guess I could remove appeal and then look into starting paperwork to sue WMG for earning wages on video content they did not create, the law goes both ways. I'm not one to lay down and let a tank run over me, no matter how big that fucking tank. Then again, this looks promising:
https://support.google.com/youtube/answer/6005919?hl=en

I don't believe you actually have grounds to sue WMG, since your video is using their content (the song in question) and is on Youtube, without their permission/license agreement.

I would argue against going with the counter-notification, as the ramifications are pretty dire if you lose. Getting a strike on your account is tantamount to having the Mafia cap your left knee. Sure, you still have your right one, but if you mess up again, you won't be walking anytime soon.

Shadow Reaper · May 3, 2017

I can't imagine anyone winning a suit against WMG after taking their music without paying and using it to earn money. The fact you are confused enough to think you are in the right makes me wonder what is with that, and whether you will draw attention to any other ill-gotten gains. Maybe a step back to reevaluate is called for.

Montoya · May 3, 2017

DirectorGunner said:
YouTube won't even give me the option to remove the damn song

Lawyer said he'd call today, never did.. great. Still waiting for legal council. Guess I could remove appeal and then look into starting paperwork to sue WMG for earning wages on video content they did not create, the law goes both ways. I'm not one to lay down and let a tank run over me, no matter how big that fucking tank. Then again, this looks promising:
https://support.google.com/youtube/answer/6005919?hl=en

Please don't waste money on lawyers!

Remove the appeal, let them monetize it!

If that video still has traffic coming in, put up an annotation asking people to subscribe to your channel, visit your website or follow you on twitter. This is way more important than anything else at the moment!

Im also going to assume that due to the age of this video, majority of the views were back in 2014. Look at the traffic stats chart, that is very likely tailing off to almost nothing at this point.

Don't waste a cent on lawyers, they will not be able to do anything!

help being IP trolled on YouTube

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