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Topics - Wayman

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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.

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