Jimmy's Blog Jimmy Ruska's Blog
Howto Dispute Copyright Claims Posted on Tuesday, February 26 2008

Here's what I recommend sending when you get a fake DMCA claim on your video. For those unfamiliar with the term DMCA stands for Digital Millennium Copyright Act, which is sent when a party claims you've infringed their copyrights. The process can be confusing so I've made a simple template to use. If you use this, you can't blame me for anything, read it through.

Where to Email

US
copyright@youtube.com, Subject: YouTube DMCA Counter-Notification
International
ukcopyright@youtube.com, Subject: YouTube Copyright Counter Notification

If you want to send a fax or mail read this page.

US Citizens Write

1.
Vid URL

2.
Your name
Address
Phone Number

Youtube Account


3.

I consent to the jurisdiction of Federal District Court for the judicial district which corresponds to my address, listed above, and I will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

4.

I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

5.

Use your scanner to copy your signature, or write your signature out in a application like mspaint, gimp, photoshop, Paint .net. Attach it to the email. You can try typing it out if that's a big hassle. If they need the signature they'll email you back requesting it.

What non US Citizens Write

Same as above except 3, 4 are different.

3.

I accept service of process from the person who provided YouTube with the original copyright complaint or an authorised agent of such person.

4.
I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled

What Else can I do? I'm not giving personal info!

Request a copy of whoever filed the DMCA saying you want FULL details. Youtube will provide it to you only if you ask. Maybe if you can prove it's a BS claim first you won't have to give any personal information. Just state your concerns of providing personal information and explain why your video has nothing to do with the claim. You still have to indicate your username, the video URL, and making claims 3 and 4 still help.

Sometimes companies recklessly file copyright on hundreds of videos based on the title / keywords / description of videos they find. This is just abuse, but the rate at which people file counter notifications lets them get away with that kind of stuff. Many people file fake notifications to take down people's videos. The system is setup as "guilty until proven innocent", because your videos are taken down immediately after the copyright claim.

Why the hell do they do that?

Think of it like if someone sued you in court. Not showing up still makes you forfeit. What makes it annoying is the anonymity of the internet. People can claim to be anyone and youtube won't do background checks. The system is broken, however youtube has to implement this kind of crap to prevent things like viacoms 1 billion dollar lawsuit from occuring again.

What happens when I send the email

Youtube will send an auto response saying they've received the response. From there they'll forward a copy of your message to the person that filed the claim. If they don't respond in 10 days they'll message you back and say you're video is up and running again.

Can I get Sued? What happens if they respond?

Technically, yes. If you did nothing wrong then you have nothing to worry about though. It's unlikely they would sue people, even if you did violate the copyright. Youtube would just leave your video as removed due to copyright. In any case, if they take you to court they have to prove you caused them monetary damage to win. I don't know if it still gets counted against your youtube account if they respond. I doubt it though, one party says yes and one party says no. You could also try and sue them in the case they wrongly took down your video, asking youtube to provide full details. Again, you'd have to prove you lost significant monies because of it.

Is it legal to use excepts or parody videos?

See section 107, Limitations on exclusive rights: Fair use of US copyright law. This may make the copyright claim invalid but it still may be a youtube terms of service violation. I don't know, but I hope not, otherwise youtube is horrible for whistleblowers and journalists.

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.

Fake DMCA that took my Video Down

I requested this information from youtube after they had brought my video back up. I should have requested it before I sent my DMCA counter notification.

From: "Alexander Chomsky" alex@contact.us.to
Subject: Re: Videos Taken From Our Website Without Prior
Permission.



http://youtube.com/watch?v=
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http://youtube.com/watch?v=SIrhLdyeOh0
http://youtube.com/watch?v=
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I swear, under penalty of perjury, that the information in the
notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.

I have a good faith belief that use of the copyrighted materials
described above on the allegedly infringing web pages is not
authorized by the copyright owner, its agent, or the law.

Regards,

Alexander Chomsky

wtf? No detail?

As you can see, either he didn't provide an address or youtube deleted it when they send me the reply. The subject like contains "Re", so maybe he provided his details in a previous email, which they did not send. They also censored the 36 other videos he filed copyright on. It's still not good that I provided all that information that was forwarded to the fraud,, including a digital signature!, and youtube provided me with no useful information. It's very unlikely the email was real though, so it's no big deal. Alexander Chomsky may sound unique in the US but in the Ukraine it's probably like hearing "John Doe" or "Bob Smith".

In the end my video was taken down for like 3 weeks with the top saying in red, "This video has been taken down due to a copyright claim by hackerscenter.com". Hackerscenter said they had nothing to do with it, but speculated it might be because of the anonymous email form they have.

Disclaimer

I'm not associated with the youtube staff in any way. The information provided here is from research done from the youtube help pages and my personal experiences with DMCA violations.




Tags: dmca advice, template, help, howto, what to write, dispute copyright claim, dispute dmca, fake dmca youtube, youtube take down video, tos violation, dmca counter notification, template, parody copyright law, excerpts, abridged series, anime, tos violation, terms of service, dailymotion, metacafe, vimeo, veoh



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