Summary
If you receive false copyright strikes on YouTube, you can file a counter-notification, especially if the claimant is not the copyright owner or an authorized representative. Ensure you have rights to the content or consider fair use as a defense. Transformative use can be a strong fair use claim, but each case is unique. Consulting a lawyer is recommended for specific advice and to navigate the dispute process effectively.Full Conversation
I got * copyright strikes on my YouTube channel that I believe to be false.
Hello ****, that's a concerning situation. Here are some steps you can follow:
- File a counter-notification if you believe the claim is incorrect.
- Consult with a lawyer, as filing a counter-notification may lead to legal proceedings.
- Be aware, under Hawaii law, copyright infringement can carry serious penalties.
Remember, this is just general advice. For detailed information, consult with a legal expert.
Is someone able to claim copyrighted content on someone elses behalf?
Hello ****, under U.S. and Hawaii law, generally, only the copyright owner or an authorized representative can file a copyright infringement claim. However, each case can vary, so it's important to consult with a legal expert.
Hello?
Hello ****, under U.S. copyright law, typically only the copyright owner or an authorized representative can file a copyright infringement claim. Unauthorized third parties usually can't do it on someone else's behalf.
The person who copyright striked me claimed the content as his own, though it is owned by someone else.
Hello ****, in your case:
- If the claimant is not the copyright owner or an authorized representative, they have no legal standing.
- You can dispute the claim via YouTube's dispute process.
- Consulting with a lawyer would be beneficial to understand the nuances in your case.
But YouTube states that I must declare that the content is mine, when it's not. Though the claimant's claim is false.
Hello ****, if you're not the content owner, you should make sure you have rights to use it. Are you using the content under fair use, or do you have permission from the actual owner? This is important for your dispute process.
I do not.
Hello ****, without rights to the content, disputing the claim might be challenging. It's best to consult a lawyer to understand your options and potential defenses, such as fair use, in this scenario.
Is transformative content a fair use claim?
Hello ****, under U.S. copyright law, transformative use of copyrighted material is generally considered fair use. However, each case is evaluated individually considering factors such as the purpose and nature of the use. Consulting a lawyer would be beneficial in your situation.
How can I write my counter notification to best serve in my favor and to get through?
Hello ****, when crafting a counter-notification, consider the following:
- Identify the material affected and its location on YouTube.
- State you have a good faith belief that the material was removed by mistake or misidentification.
- Provide your contact information.
- Include a statement of consent to jurisdiction of federal court.
Consult an attorney for specific advice.
Is transformative content a good defense?
Hello ****, yes, transformative use of content can be a strong defense under fair use. However, it's not guaranteed as each case is unique. You must demonstrate that your work added new expression, meaning, or message to the original content. Consulting a lawyer for detailed advice is recommended.