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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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So some of you may or may not know that in addition to playing video games, geeking out over comic books and movies, screaming for pro wrestlers, rocking out to metal music and pwning n00bs, I also have a deep and abiding love for figure skating (yeah yeah I know. Shut up.). To that end, I have a second YouTube account dedicated to videos of my favorite skater:
http://www.youtube.com/user/KurtsGirl618
Now, I'm sure you've heard of the conflict YT has had with WMG and UMG, where they're going around muting or deleting any videos that basically even reference something they think might be under their copyright. Well, since music is a huge part of figure skating, they absolutely *decimated* my channel, deleting the sound from many of my most popular (not to mention personal favorite) videos. Back when it started happening a few months ago I tried unsuccessfully to fight it. I had pretty much given up, which really made me sad since I wanted to get most of my skating video collection up both for myself and for other fans. Of course, if all that was going to happen was the music gets killed, there was no point in putting forth the effort. I felt stuck, and pretty much gave up.
Last night I figured I should let my subscribers know no new videos would be forthcoming, when our very own Usa (who friended me under that YT account before I created my current main account), dropped me a line and let me know I could probably fight the issue under Fair Use. I hadn't realized that was possible. So I did some googling, and found the following magic words that I plugged into the "fair use" section of "resolve copyright" under ever single muted video I had:
"Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use."
Bingo. It was amazing. Within I'd say 15-20 minutes, my entire video collection had sound again. I know WMG and UMG have a right to protect themselves and the music they own, but really, the whole YouTube thing has made them into total and complete douchebags, and they can kiss my ass. So happy all the work I put into making and uploading those videos hasn't gone to waste. And, if you or anyone you know has had issues with this, please be sure to pass along the phraseology up there; it works like a charm. I've heard it doesn't work 100% of the time (depends on the specific use and video I'm sure) but it worked completely for me. Spread the word, if you have the need.
And Usa, I owe you a cold beverage of your choice.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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Arlock41
Title: Naunie
Joined: Dec 07 2008
Posts: 1026
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Syd Lexia
Site Admin
Title: Pop Culture Junkie
Joined: Jul 30 2005
Location: Wakefield, MA
Posts: 24886
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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it's nuts. I've seen these people claim copyright against things that have nothing to do with music. I've seen them try and remove LPs because the game had the same name as a band they represent.
But pretty much, so long as your intent isn't to rip the music off, you can get away with fair use. When it's the background music for a figure skating routine, you really have no standing at all.
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Blackout
Title: Captain Oblivious
Joined: Sep 01 2007
Location: That Rainy State
Posts: 10376
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Good job on sticking it to them!
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username
Title: owner of a lonely heart
Joined: Jul 06 2007
Location: phoenix, az usa
Posts: 16135
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pretty cool story SH. and gj to USA for helping you out.
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| Klimbatize wrote: |
| I'll eat a turkey sandwich while blowing my load |
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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*siiiiiiigh*...........
Well, I thought it was won. It wasn't. Apparently the folks who claimed copyright "reviewed" my disputes, and decided all my videos were, in fact, infringement. How, I don't fucking know, but there seems to be no recourse after this, as a bunch of my vids have been actively taken down. God DAMMIT these people fucking SUCK.
I think I'm going to go illegally download and seed some CDs with these songs on them, just to fuck them over. I hate these people.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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Knyte
2010 SLF Tag Champ*
Title: Curator Of The VGM
Joined: Nov 01 2006
Location: Here I am.
Posts: 6749
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If you are not profiting in any way from them, then it's fair use, plain and simple.
The RIAA and such use bullying tactics to illegally get their way, and they usually do, because they have millions of dollars and a crack squad team of lawyers, they know if they go after individuals who do not have the money and resources that a drawn out court battle would require, that they will win everytime by default.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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Oh yeah, I very much know I'm in the right. Its assinine, really. I just don't have any recourse at this point that doesn't involve way to much time, effort and money. As much as I love that YouTube channel and the way it helps fans connect with performances they might otherwise never get to see, I'm not really willing to sink that kind of effort into it.
What irritates me is that Google IS a huge company with a crack team of lawyers, who COULD protect their users from bullshit like this. Part of me understands why they don't--they actually loose money on YouTube, from what I understand--but still. Fuck this, really. Gr.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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Knyte
2010 SLF Tag Champ*
Title: Curator Of The VGM
Joined: Nov 01 2006
Location: Here I am.
Posts: 6749
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I heard awhile back that the RIAA was collecting royalty money for songs that were from artists who weren't even in the RIAA. Thier excuse was, "We are protecting all artists, not just our own members.
I was tempted at the time to record a couple of songs and plaster them everywhere I could online, just to see if the RIAA would snatch them up and collect money off them, and then sue them. But, much like you, my dear little camoflauged birdy, I don't have the time or resources to fully pursuit it.
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UsaSatsui
Title: The White Rabbit
Joined: May 25 2008
Location: Hiding
Posts: 7565
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| Knyte wrote: |
| If you are not profiting in any way from them, then it's fair use, plain and simple. |
Untrue.
Fair use takes into account the nature of the use, which does include the profitability of it. But things like how damaging the potential infringement is, the intent of the use, and the amount used are taken into account.
Anyways, if your videos are being removed, it may be the video that's violating copyright. That's harder to fight, since the company who originally broadcast it might a stronger claim. But the songs shouldn't be triggering it, no.
And you do have further recourse. It just may not be worth the time or trouble, and definitely not worth the money.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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Well yeah. I mean I don't have further recourse through YT's system online. Other options aren't viable.
And no, its absolutely the song that's doing it, trust me. Its all music groups. Plus the fact that they mute a lot of them w/o taking them down makes that clear. If it were NBC/ABC/show broadcaster making these claims, I honestly would not have even filled out the "wrongful flagging" form. I would gladly have respected that, since it really is their property. ABC and NBC are smart enough not to do this, though. WMG and UMG are just taking advantage of the fact that people like me don't have the time or energy to fight back.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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GAH THEY'VE SOMEHOW CONNECTED BOTH MY YT ACCOUNTS! THEY'RE THREATENING TO DELETE BOTH OF THEM!
Shoot me someone
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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Eddie_Hyde
Title: Ernie with the Disposal
Joined: Apr 13 2009
Location: Gulag
Posts: 707
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| SoldierHawk wrote: |
GAH THEY'VE SOMEHOW CONNECTED BOTH MY YT ACCOUNTS! THEY'RE THREATENING TO DELETE BOTH OF THEM!
Shoot me someone  |
As much as I hate to say this, Hawk, you have to take the skating one down if you want to save the other one. At the very least, get somebody to put up all your stuff from the non-skating account under their own because the ruthless bastards will hunt you down and destroy your stuff if they can. I would tell you to fight, but I know that isn't an option. Hell I would come out there and fight with you if I had the money and resources. I'm really, really, inexpressibly sorry that it has come to this.
Don't worry, though, we'll get the bastards in the end.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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^ Well I would, if that would help, but it won't. Just deleting the account won't erase the bullshit strikes against the other. The strikes are put against ALL accounts linked to the master email you use--of course I didn't know that when I set these up.
So basically even if all the skating videos magically disappeared, my other poor, innocent account would still be one strike away from anahaliation. Bullshit system.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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jackfrost
Title: Cold Hearted Bastard
Joined: Feb 21 2009
Posts: 861
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Why not create some BS accounts on Yahoo? I have at least a dozen on there. Create a dozen Yahoo accounts and a dozen Youtube accounts to match. When you get slapped down you need to stand up and shout. Fight the powers that be  . We'll subscribe.
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 [img]http://i177.photobucket.com/albums/w204/akajackfrost/megaman.jpg[/img] |
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Knyte
2010 SLF Tag Champ*
Title: Curator Of The VGM
Joined: Nov 01 2006
Location: Here I am.
Posts: 6749
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Yeah, don't let them think there is just one solderhawk! You need an army. Make GenSoldierHawk, Col.SoldierHawk, etc all the way down to Pvt.SoldierHawk.
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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| jackfrost wrote: |
Why not create some BS accounts on Yahoo? I have at least a dozen on there. Create a dozen Yahoo accounts and a dozen Youtube accounts to match. When you get slapped down you need to stand up and shout. Fight the powers that be . We'll subscribe. |
Yeah, its too late at this point though. Once your email is linked to an account, its linked forever, even if you "change" the email your notifications get sent to.
Both my accounts are nuked now anyway, along with all the videos on them. That's a lot of work they just killed. You can find the whole retarded story and what you can do to help in my two threads in the OOP forum...sigh.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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Aqua Hedgehog
Joined: Nov 02 2008
Posts: 725
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After learning to hack to take down one of my oldest internet rivals, I'm headed straight for WMG/UMG. I've seen them decimate tons of videos over even the slightest copyright violation.
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Slayer1
Title: ,,!,, for you know who
Joined: Sep 23 2008
Posts: 4274
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I'm a little lost here. I have a couple videos that have copyrighted music but it still has sound to it. I have not recieved any threating notifications or anything so am I dodging a bullet. The only time I had to change it was because they thought the ride of the Valkeryies was from the Movie Apocolypse Now. That was only a minor change because I had essentially the same song reinserted. My question is why is some being hit and others aren't?
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SoldierHawk
Moderator
Title: Warrior-Poet
Joined: Jan 15 2009
Location: San Diego, CA
Posts: 6113
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| Slayer1 wrote: |
| I'm a little lost here. I have a couple videos that have copyrighted music but it still has sound to it. I have not recieved any threating notifications or anything so am I dodging a bullet. The only time I had to change it was because they thought the ride of the Valkeryies was from the Movie Apocolypse Now. That was only a minor change because I had essentially the same song reinserted. My question is why is some being hit and others aren't? |
Seriously? They muted a public domain classical piece because it had been used in a movie? Holy shit are these guys asses.
Are you dodging a bullet? Not sure. It seems quite arbitrary who they do and don't go after. I had quite a lot of views and a decent subscriber base (YouTubers love figure skating!) so maybe that had something to do with it. I think it also has to do with whose song it is--as we've seen, WMG/UMG and Sony Music seem pretty set on ruthlessly decimate anything that even has a similar letter combination to one of their songs. (Seriously, people's videos--videos without music at all--have been taken down because they titled it something similar to a copyrighted song.) So I'm not sure. Technically almost everything on YouTube is copyrighted, but most places are smart enough to know that th publicity from things like fan videos and LPs and the like is well worth looking the other way. (I've bought at least three games because of watching someone LP them, for example.) The other thing that got their attention with me is that I started trying to fight the copyright notices they sent me, rather than just letting them mute my videos. That's what got my account suspended--once you fight the initial notice, if they find you still in violation, they give you a "strike." Three strikes and your account is suspended. Now, I'm in the process of fighting THAT, and I actually think I might be able to get my accounts back. But it's a huge pain in the ass.
Aqua, when you figure that out, you call me okay? I so, SO want in on whatever hack you plan.
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| William Shakespeare wrote: |
| Love all, trust a few, do wrong to none. |
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