Disputing copyright infringement claims by YouTube

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Linuxluver

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#89263 29-Aug-2011 21:28

If you have an opinion, I'd like to hear it - either way.

I posted a video on YouTube of some kids breakdancing in Aotea Square - a public place - on Saturday afternoon.

Kids don't breakdance without music playing. When I videoed the kids, I recorded whatever they were playing while they were dancing.

I posted an edited version on YouTube containing what I thought were the best performances by a variety of dancers. They aren't presented in the order they were recorded and I didn't have any real regard for the music being played other than to leave it as it was in each segment. I don't know the songs and I have no idea who the artists are. No money was being made by anyone involved.

YouTube have flagged my video as infringing copyright. I have disputed that claim on the basis of fair use.

What do you think?

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#513682 29-Aug-2011 21:35

Personally... I have an old youtube account that has some copyrighted material, and have had several emails about it. I have ignored them all... 3 years later, and the video is still up and nothing has been done about it. To put some context around it, it is a short video of my kittens playing with some music in the background, not played in its entirity.

freitasm

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#513690 29-Aug-2011 21:43

If it's not the entire song I'd say Fair Use, but you never know. You have sent a counter claim, so that's a waiting game now.

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Linuxluver

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#513698 29-Aug-2011 22:03

freitasm: If it's not the entire song I'd say Fair Use, but you never know. You have sent a counter claim, so that's a waiting game now.

True. We'll see. :-)

It's not the entire song in any single case and there are parts of at least 3 different songs in there...

If one listens they can tell the songs in each performance aren't the same....and they often aren't in order, either, even if from the same song. In at least two cases a later part of the video is actually playing an earlier part of the same song.

It just annoyed me one can't film a spontaneous, non-profit (as far as I know), public event without having to deal with this stuff.

The human reaction is to say "stuff'em". They are overreaching into the public domain.....that works two ways.

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Linuxluver

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#513699 29-Aug-2011 22:05

rscole86: Personally... I have an old youtube account that has some copyrighted material, and have had several emails about it. I have ignored them all... 3 years later, and the video is still up and nothing has been done about it. To put some context around it, it is a short video of my kittens playing with some music in the background, not played in its entirity.

Same here. I have some videos I made between 1999 and 2007 when it all became a big issue that have some tunes backing them. I thought I was OK because I had bought the CDs and I wasn't making any money from it. That wasn't good enough...which made me wonder why I bothered paying them any money if they are going to then tell me how, when and where I can play it. For imposing that on me, their product is no longer of any interest to me and I now buy mainly Creative Commons music. Music I can actually use.

The copyright claims YT enforces can result in your videos not being visible in some countries. The email they sent me said this.

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hellonearthisman

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#513732 29-Aug-2011 23:17

Totally fair use.

keewee01

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#513779 30-Aug-2011 09:22

I'd say Fair Use, but you could try and find out the artists/copyright holders and contact them out of courtesy. It couldn't hurt.

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Linuxluver

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#513790 30-Aug-2011 09:46

keewee01: I'd say Fair Use, but you could try and find out the artists/copyright holders and contact them out of courtesy. It couldn't hurt.

Probably.....except I have no idea who they are. :-)

I might try Soundhound or Shazam.

But I'm reluctant to do it because Fair Use needs defending....and to ask would indicate I wasn't clear on Fair Use. Plus, if they say no, I'm in an even worse postion.

A bit like asking Microsoft if they mind of you infringe a patent they hold that's garbage anyway. Better to ignore it and litigate it when challenged. Otherwise you become the patent challenger for the world for free.

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#513830 30-Aug-2011 10:55

Fair use on the sounds I'd say. They're not clean of audience input, clapping, cheers and jeers....

Maybe YouTube think you're infringing some kind of Penguin Copyright with miss happy feet in the foreground ; )

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#513940 30-Aug-2011 14:48

Your video isn't commercial and it doesn't compete with the market for the original work (audio) so filing the counter notice is appropriate imo.

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#513952 30-Aug-2011 15:06

Do they actually reply? WhenI tried uploading an ad for a client, which had music that they had permission to use, their systems detected the music in it on upload and denied it.

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#513963 30-Aug-2011 15:22

Yeah copyright is interesting in the states, for example everytime radio stations play a song on the radio they have to pay a royalty fee. Even a school orchestra/band playing a piece of music in public has to pay royalties.

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#513964 30-Aug-2011 15:24

It's the same here in New Zealand.

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#513970 30-Aug-2011 15:32

I wonder if the kids paid to use the music to dance to?

Lazy is such an ugly word, I prefer to call it selective participation

mattwnz

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#513971 30-Aug-2011 15:36

gingeralenz: Yeah copyright is interesting in the states, for example everytime radio stations play a song on the radio they have to pay a royalty fee. Even a school orchestra/band playing a piece of music in public has to pay royalties.

Yes the same thing in NZ. Cafes and bars have to pay a fee. You even have to pay a fee for singing happy birthday in the US, which is why you don't often hear it sung in movies.

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#513973 30-Aug-2011 15:37

So guess you can see where they are coming from then, it being a public dance performance using an artists song. Playing music at work might even be infringing copyright since technically only one person owns it.

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