Copyright Infringement and YouTube

I was hoping that I would not be blogging on this subject, but since I have been pulled into this, I wanted to share some tips and info on this matter.

I was first alerted to this, many months ago, by someone whose Sims2 videos gained a huge amount of respect from me. Her approach was a simple one ... she sent me a friendship invite to her new YouTube channel, briefly explaining that one of her videos on her original channel had been removed from YouTube for copyright infringement. I empathize with her and the many others who are dealing with this type of thing, but I was not surprised about it.

I'd like to take this moment to briefly define copyright in layman's terms. Simply, copyright is not proof of ownership. (If someone claims another's work as his/her own, that is plagiarism, and is a more serious crime than copyright infringement.) Copyright grants a legal right to the holder to "distribute" material. For example, when I published my novel, "A Scarecrow's Dream", the publisher controlled the copyright of that book for two years, as dictated in my contract. I owned the book, but the publisher held the copyright as well, even though I was the original copyright holder. What that meant was, that particular publishing house and only that publishing house had the legal right to distribute my material.

From another perspective, you can make all the music videos your heart desires, of all your favorite songs, for private use and not be infringing on someone's rights. But, once you publish that video, or distribute it, without permission from the copyright holder, then you are infringing on another's rights. Understand that "private use" means you do not share it with anyone else ... it's for your enjoyment only.

Now, moving on ...
A couple weeks ago, I discovered videos of, who I've always looked to as, a friend were removed from YouTube for copyright infringement. I did try to get more information on this particular instance, but hit a brick wall. However, I discovered I was a bit bothered by it, so, I began to look into the matter.

My first concern was how are these people's videos being selected, or targeted, for removal. I mean, seriously, folks, there are millions of videos on YouTube which contain, for example, copyright music. Most people are "ignorant" when it comes to music and copyright, and I mean this in a kind way. Though I completely understand the, "ignorance is not innocent in the eyes of the law" philosophy, it is not a good enough reason to over-look "intent". Most people making music videos don't intend to break a law, nor do they understand that they are breaking laws. To them, they are creating fan art ... or simply just expressing something through a favorite piece of music or poem ... or whatever inspires them.

My second concern was a personal one...
When the britannicadreams.com site was illegally taken from me, I lost control over what is placed on that site. This played a part in the falling out of the two BD founders. When it was decided that there would be no more BD, I made a request that the web site and the YouTube channel be brought down. I expressed further wishes that neither of us continue to produce videos under the BD label or upload the BD videos to other sites. In short, I was pretty much told to go fuck myself, and I was issued a declaration that I had no say in what happened to my videos.

It really wasn't worth the time or expense in pursuing this matter, and I just wanted the whole ugly experience to disappear. However, I forgot then to consider one crucial detail ...
An email from an attorney of one of the artists, whose songs were used in two BD videos, arrived in my inbox about a week ago. It wasn't until that moment when I realized that I needed to find out if I can be liable for the actions of the ex-partner who continued to "distribute" the BD films. It was also at that point that I felt it was in my best interest to remove any BD videos that were on my YouTube channel. The email inquired about the use of songs in two videos that appeared on the ex-partner's YouTube channel. I had to reply to the attorney, explaining I had no control over the YouTube channel or the web site. It also enlightened me on the matter of copyright and licensing.

In some cases, it is not enough that you have legally retained permission to use, for example, a song in your video, especially with Creative Commons material, and especially if you submit your video to a festival. In these cases, you must meet the requirement to use the material, and you must also purchase a license. The cost of a license can be as little as $50 and as high as thousands of dollars, depending on the video's budget and how you intend to distribute the video.

I also began re-editing my videos, using my own music, of which I hold the copyright. During this process, the video on my YouTube channel wich contained my own song, with me performing it, was removed for copyright infringement. It was then that I realized how videos are being targeted. And so, I did more research into this matter.

What I found is that a lot of people who hold the copyright to the material used in their videos have had their videos removed for copyright infringement, and the most ridiculous thing about this is that YouTube does not verify the claims before it removes the material. However, at more inconvenience to the artist, he/or she can file a counter claim, known as a DMCA counter notice. YouTube does provide this form online. You can find links to it through their almost worthless help section. And don't expect to find a contact person to help you with this ... YouTube has removed any links to email, nor do they offer assistance by phone.

If you have your video removed, and if you had permission to use the material, or if you are the copyright holder, I urge you to file a DMCA counter notice. People who make false claims against your material are subject to legal prosecution. The burden of proof lies with the one who filed a copyright claim against you. If you counter, they must prove that they hold the copyright to your work. They must do this within 10 days of your counter claim. And obviously, since you know you hold the copyright, they can't prove otherwise, so, your video and all the stats are reinstated. But, prosecution of the individual who made a false claim lies with you. However, if the liar has a counter claim filed against, him or her, your case is a winner should you want to seek prosecution.

So, the ugly truth is, anyone who just wants to be nasty, or anyone who wants to cause you stress can file a claim against you. They simply contact the studio holding the copyright on the music used in your video, or in my case where I am the copyright holder, they file a claim through YouTube, stating that the music is actually theirs.

There is one more reason why people are filing claims against artists who own the material. When filing a counter claim, you must list your personal information ... address, phone ... etc. This information is used by companies to solicit their products to you. At this point, I was unable to determine if YouTube is doing anything about this scam.

As for me, I have been able to replace two of my videos with my own material, and if the individual who made the false claim (and I know who you are) does so again, or if anyone else makes a false claim against my works, I will file a DMCA counter notice.

To everyone else ... good luck, and be careful ... and if someone wrongs you, stand up for yourself.