3 ms·

I've dealt with Youtube's copyright resolution process and I don't believe this story at all. You're either leaving out material facts that completely change t

I've dealt with Youtube's copyright resolution process and I don't believe this story at all. You're either leaving out material facts that completely change the story or making the story up. For starters...Youtube's copyright strikes are geographical...IOW, you can't assert a copyright against a video posted by a user in another country. Second, Google doesn't let you file a copyright strike on the basis of a single word in the title. Words, by themselves, are not copyrightable. Especially not when they deal with trademarks... Third, after you file a counter notification, the claimant must prove that they've taken legal action against the purported infringer by providing evidence of such action. Generally, this means a copy of a complaint, or at the bare minimum a letter from your lawyer asserting your ownership and offering terms for a settlement. If they don't, Google treats the infringement claim as invalid and removes the strike. Fourth, if you dispute the strike (by filing the counter notification), Google doesn't pay anybody for the video until they receive proof of the legal resolution of the dispute, because if they pay the wrong party they'll end up having to pay the rightful copyright owner.

ben0x539 4y ago
I've not had a lot of luck finding reports of successful actual-legal-DMCA counter notifications after copyright/content id claims, so I'm really glad to read your comment confirming that it basically works as advertised. Which side of those disputes were you on? Would you happen to have any experience with cases where Google doesn't restore the video/monetization after a counter notification? I mentioned this in another comment, but I found this article (which is somewhat old, and from a random website I'd never heard of) where apparently Google acknowledged the counter notification but chose not to restore the video out of contractual obligations to the claimant: https://www.newmediarights.org/copyright/DMCA/youtube_refusing_honor_dmca_counter_notices https://www.newmediarights.org/copyright/DMCA/youtube_refusi...
- gamblor956 4y ago
  Both, the side asserting copyright and the side fighting the claim (for separate videos). Would you happen to have any experience with cases where Google doesn't restore the video/monetization after a counter notification? Yes, we contacted Google Legal with a letter from our General Counsel after the claimant failed to file a lawsuit asserting its ownership of the disputed content, and the matter was resolved within about a month. Google restored our ability to monetize videos and paid us for the amount held in escrow during the dispute. Note that, as with all things Google, if you let the customer support system handle your complaint, nothing gets done because the CS dept in India doesn't have the power to do anything. You have to go around the CS system and talk to a person in the department that's actually responsible for your issue. For a legal issue like this, that means reaching out to their Legal department directly.
bjelkeman-again 4y ago
> IOW, you can't assert a copyright against a video posted by a user in another country. How does that work? So anyone in Norway can copy anything produced in the US and not be taken down on a copyright claim?
- gamblor956 4y ago
  While we have tax treaties that afford some protections to copyright owners for cross-border violations, the processes outlined in those treaties aren't built into in Youtube's automated copyright claim process. For cross-border violations you need to reach out to Google Legal.

ben0x539 4y ago

I've not had a lot of luck finding reports of successful actual-legal-DMCA counter notifications after copyright/content id claims, so I'm really glad to read your comment confirming that it basically works as advertised. Which side of those disputes were you on? Would you happen to have any experience with cases where Google doesn't restore the video/monetization after a counter notification? I mentioned this in another comment, but I found this article (which is somewhat old, and from a random website I'd never heard of) where apparently Google acknowledged the counter notification but chose not to restore the video out of contractual obligations to the claimant: https://www.newmediarights.org/copyright/DMCA/youtube_refusing_honor_dmca_counter_notices https://www.newmediarights.org/copyright/DMCA/youtube_refusi...

gamblor956 4y ago
Both, the side asserting copyright and the side fighting the claim (for separate videos). Would you happen to have any experience with cases where Google doesn't restore the video/monetization after a counter notification? Yes, we contacted Google Legal with a letter from our General Counsel after the claimant failed to file a lawsuit asserting its ownership of the disputed content, and the matter was resolved within about a month. Google restored our ability to monetize videos and paid us for the amount held in escrow during the dispute. Note that, as with all things Google, if you let the customer support system handle your complaint, nothing gets done because the CS dept in India doesn't have the power to do anything. You have to go around the CS system and talk to a person in the department that's actually responsible for your issue. For a legal issue like this, that means reaching out to their Legal department directly.

bjelkeman-again 4y ago

> IOW, you can't assert a copyright against a video posted by a user in another country. How does that work? So anyone in Norway can copy anything produced in the US and not be taken down on a copyright claim?

gamblor956 4y ago
While we have tax treaties that afford some protections to copyright owners for cross-border violations, the processes outlined in those treaties aren't built into in Youtube's automated copyright claim process. For cross-border violations you need to reach out to Google Legal.