pancakes

MicrostockGroup Sponsors


Author Topic: YouTube "spits" on your DMCA notices (How Sony Music infringes copyrights)  (Read 18053 times)

0 Members and 1 Guest are viewing this topic.

« on: February 26, 2016, 12:30 »
+4


Hello Microstock World!

My name is Alex, I'm an author from videohive.net - http://videohive.net/user/wayman
I state with full responsibility that YouTube "spits" on your DMCA notices. Well, VEVO and Sony Music too.

I have the following situation. January 26, 2016 My video on YouTube was blocked by VEVO (Sony Music Entertainment). No, not because there was their music, but because there was my own video.

More details:

Someone bought my project Real Love Story - http://videohive.net/item/real-love-story/12112764
Then, was created the music video for the singer Pedro Lima (It's hidden now, but it's still there) - https://www.youtube.com/watch?v=i3l0g97CXVs117 The channel PedroLimaVEVO http://www.youtube.com/channel/UCIbxw8xddF0AIAaBcPopVuA
Then, this video was registered by Sony Music Entertainment in the ContentID on Youtube.
Then, my video has been automatically blocked by YouTube.
I challenged the claim but it was rejected by "the copyright holder". What?! Wait a minute... It's my work and I am the copyright holder!

Ok, I wrote a message to Pedro Lima https://www.facebook.com/pedrolimaofficial and I was contacted by a representative of the singer. They thought that they bought the copyright of my video project from videohive.net. I've explained them that they didn't buy my copyright, and showed the Envato license terms. They apologized and said that they will report to VEVO about that and will notify me.

But still nothing has changed.

Well, then I decided to block them video from thier channel and asked YouTube to remove this video from ContentID. Because their video infringes my copyright and the rights of my buyers of this project. I did not ask to remove the video, I have asked to remove the video from ContentID. I've added to the letter the DMCA document and one of original clips -  https://goo.gl/hxLG1r

So, YouTube answered me back two times following:

"Hello,

Thank you for your message. We received this content under license from Vevo.

For this reason, we will not be able to comply with your removal request. If you wish, you may further pursue the issue directly with Vevo.

Regards,
The YouTube Legal Support Team"

Great. But this is not all.

Then, I decided to send DMCA to VEVO (http://www.vevo.com), but their web-site does not open for me, there appears the phrase - OOPS! THIS PAGE IS CURRENTLY UNAVAILABLE IN YOUR REGION. (I found out the address and now my notices were sent, but the video still in Content ID)

Thus, if a large company will steal your copyright, YouTube will act on their side. Even if you send them to a DMCA notice and your evidence.

Is someone faced a similar problem? What to be better to do in this situation? Should I prepare a lawsuit against Youtube and VEVO? Because I know that I will win, I have all the originals materials, which no one else in the world has.

What would you do in this situation?

Best Regards,
Alex


Timeline:

From January 26, all this time I've tried to solve the problem with the representative of the singer, I tried to send a message to VEVO Twitter, I sent DMCA notice to YouTube - it does not bring the desired result.

February 8, 2016, I've sent my DMCA notice to VEVO Copyright Agent [email protected]

February 11, 2016 Ive sent DMCA notice to VEVO again ([email protected]), and to Sony Music ([email protected])

In the same day, as I found out, 18 January, 2016 my video was blocked in another YouTube
channel of person who promoted my project by referral program of Envato.
I assume that this is not an isolated case, because many people are posting our videos on YouTube with their referral links to promote our projects. Thus, not only I start to incur losses now.

February 13, 2016 the music video from the channel PedroLimaVEVO was hidden for viewing.
My appeal on YouTube is still not reviewed by VEVO. Also, I'm still waiting for an official response from VEVO or Sony Music.

February 16, 2016 My video appeared in the channel PedroLimaVEVO again.
My appeal on YouTube to VEVO is not reviewed. The video still not removed from the system ContentID.

February 18, 2016 the music video from the channel PedroLimaVEVO was hidden for viewing.
My appeal on YouTube is still not reviewed by VEVO. Also, I'm still waiting for an official response from VEVO or Sony Music.

February 24, 2016, I received the new reply from Youtube:

Hi Alexey Shamraev,
Good news! Your dispute
wasnt reviewed within 30 days, so the copyright claim on your YouTube video
has now been released.
Video title: "Real Love
Story"
- The YouTube Team

There is still no response from VEVO or Sony Music. Perhaps this is too naive to believe that they will respond. But they have to. Because the video is still not removed from the ContentID.

Also, today Ive uploaded the video Real Love Story to my second Youtube channel (second time) - https://www.youtube.com/channel/UCNdMslaSnHtMDjl-FFDwesw but my video was blocked again by VEVO (SME). I filed a counter-notice . So, it is still registered in ContentID by VEVO.

February 26, 2016, In spite of my explanations in my counter-notification dated February 24, VEVO (SME) has reviewed their claim and has confirmed it was valid - https://www.youtube.com/watch?v=RX3OlQ09YgI My video was unlocked in my main YouTube channel after 30 days, but now my video was blocked again in my second YouTube channel. It still registered in ContentID by VEVO (SME) in spite of my DMCA notices to VEVO and Sony Music.
« Last Edit: February 26, 2016, 20:54 by Wayman »


« Reply #1 on: February 26, 2016, 12:36 »
0
I have just registered on the forum, that's why the links are non inactive. Really sorry.

« Reply #2 on: February 26, 2016, 12:40 »
0
Sorry for your bad adventure.
Here all your links lead to missing/closed/forbidden/removed pages


« Reply #4 on: February 26, 2016, 15:32 »
0
Hey @PhotoLA, thanks for sharing! I found another of the same case with Sony Music - http://petapixel.com/2015/10/25/sony-filed-a-copyright-claim-against-the-stock-video-i-licensed-to-them/

I want to say that this is going on and at any moment any who sells digital goods can be in the same situation. It scares...

« Reply #5 on: February 26, 2016, 16:02 »
0
I have a friend who have many video songs on youtube registered by a big company as it's their own, they are pirates, and Youtube refuses all my friends' disputes and proofs that he is the real owner. It's very easy for Youtube guys to know that my friend is the real owner, he have the real song without any logos and overlays, but they don't care. His clips has more than 12 millions views and all the money goes to the pirates..

« Reply #6 on: February 26, 2016, 20:04 »
+1
I have a friend who have many video songs on youtube registered by a big company as it's their own, they are pirates, and Youtube refuses all my friends' disputes and proofs that he is the real owner. It's very easy for Youtube guys to know that my friend is the real owner, he have the real song without any logos and overlays, but they don't care. His clips has more than 12 millions views and all the money goes to the pirates..

Sorry to hear that. Yes, ContentID is an attempt of Youtube to absolve themselves of all responsibility for decision-making.
And YouTube doesn't care that this system is abused by unscrupulous persons or companies.

« Reply #7 on: February 27, 2016, 13:02 »
0
Not sure what you would win legally as they are allowed to post the work under the license they purchased. They aren't violating your copyright then. All they are doing is refusing to host your video, I am guessing their terms state they can choose not to host a video for any reason they choose. They aren't obliged to show your content. All you can probably do is to contact some news outlets that have an interest in this sort of thing and make a stink on social media.

« Reply #8 on: February 27, 2016, 14:49 »
+1
Not sure what you would win legally as they are allowed to post the work under the license they purchased. They aren't violating your copyright then. All they are doing is refusing to host your video, I am guessing their terms state they can choose not to host a video for any reason they choose. They aren't obliged to show your content. All you can probably do is to contact some news outlets that have an interest in this sort of thing and make a stink on social media.


Maybe it's my fault, that I explained the situation poorly, but I totally disagree with you. Because paragraph 19 of the Envato license says - "The author of the Item retains ownership of the Item but grants you the license on these terms. This license is between the author of the Item and you" (http://videohive.net/licenses/terms/regular).

They illegally claim that they are the owners of the copyright of this video, they illegally blocked my video (who is the true owner of the copyright), they blocke video of my buyers (who also as they have bought the same license, and can upload it on YouTube) and they block video of people who advertise my work on YouTube.

Please tell me, If they can block my video on YouTube, so can they can go at videohive and block my video out there, only because they bought a license? :)
« Last Edit: February 27, 2016, 14:53 by Wayman »

Noedelhap

  • www.colincramm.com

« Reply #9 on: February 27, 2016, 16:38 »
+2
All you can probably do is to contact some news outlets that have an interest in this sort of thing and make a stink on social media.

+1

They will have to respond if this becomes a public scandal.

« Reply #10 on: February 27, 2016, 16:52 »
0
This is pretty scary. I don't like this at all! I wish big companies would take there heads out of there own arses.

« Reply #11 on: February 27, 2016, 17:16 »
0
I do understand. You are the copyright holder. Sony are in the wrong 100% to block the video (assuming you are posting your original version not their modified one which also has their music). What I am saying is that you probably can't get anything from youtube because they can allow you to post whatever they like and take down whatever they like for any reason they choose. So I am not sure what damages you can sue for.

Definitely you should do something because you can't let someone claim they have copyright to your work.

« Reply #12 on: February 27, 2016, 17:18 »
0
Oh and very good point regarding other people who licensed your work getting blocked too!

« Reply #13 on: February 27, 2016, 18:21 »
0
I do understand. You are the copyright holder. Sony are in the wrong 100% to block the video (assuming you are posting your original version not their modified one which also has their music). What I am saying is that you probably can't get anything from youtube because they can allow you to post whatever they like and take down whatever they like for any reason they choose. So I am not sure what damages you can sue for.

Definitely you should do something because you can't let someone claim they have copyright to your work.

Oh and very good point regarding other people who licensed your work getting blocked too!

Yes, that's rigth. Now I'm waiting for an answer from a lawyer. And at this time I am trying to give publicity to this situation. Already written to several news websites, and i'm waiting for an answer (To be honest I'm not sure that they will respond, but I had to try.).

« Reply #14 on: February 28, 2016, 18:49 »
+1


Hello Microstock World! (...)

Ok, I wrote a message to Pedro Lima https://www.facebook.com/pedrolimaofficial and I was contacted by a representative of the singer. They thought that they bought the copyright of my video project from videohive.net. I've explained them that they didn't buy my copyright, and showed the Envato license terms. They apologized and said that they will report to VEVO about that and will notify me.

 (...)



and what did Envato do to help you and themselves to protect your (and theirs) work?

« Reply #15 on: February 28, 2016, 23:03 »
0


Hello Microstock World! (...)

Ok, I wrote a message to Pedro Lima https://www.facebook.com/pedrolimaofficial and I was contacted by a representative of the singer. They thought that they bought the copyright of my video project from videohive.net. I've explained them that they didn't buy my copyright, and showed the Envato license terms. They apologized and said that they will report to VEVO about that and will notify me.

 (...)



and what did Envato do to help you and themselves to protect your (and theirs) work?


Yes, I also wanted to know, did you ever raised this issue with Envato??

« Reply #16 on: February 29, 2016, 02:04 »
+1
Envato, in my opinion, could care less about copyright. Dig up the threads from back when most of their templates violated photographers rights and they couldn't care less, or look at the debacle now where they are trying to absolve themselves of all the responsibilities of an agent while still taking the same fees.


« Reply #17 on: February 29, 2016, 07:34 »
0

and what did Envato do to help you and themselves to protect your (and theirs) work?

Unfortunately, they did nothing. But my opinion - they are not obligated. Yes that would be great, but Envato it's just a big market like on a street. You are a merchant on this street, Envato just provides you with a trading tent.


 

Related Topics

  Subject / Started by Replies Last post
4 Replies
6244 Views
Last post December 01, 2010, 18:38
by ShadySue
5 Replies
6128 Views
Last post September 17, 2011, 22:33
by PeterChigmaroff
4 Replies
4021 Views
Last post March 14, 2013, 19:40
by cathyslife
25 Replies
21076 Views
Last post May 26, 2015, 05:40
by cathyslife
17 Replies
2705 Views
Last post May 14, 2019, 07:00
by Brasilnut

Sponsors

Mega Bundle of 5,900+ Professional Lightroom Presets

Microstock Poll Results

Sponsors

3100 Posing Cards Bundle