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My YouTube Copyright Infringment

New Wave/Punk music, culture, genres, memories. '80s revivalism and other relevant topics.

My YouTube Copyright Infringment

Postby glokstadt » Tue Nov 07, 2006 3:05 pm

Hi everyone, I've been uploading videos to my YouTube account that I have collected from p2p sites as well as from different blogs. I uploaded a live Who clip from The Smothers Brother's show when they performed My Generation, and I was not allowed to go live with it so some reason regarding their content policies, so I didn't think anything about it... now I got this E-mail from the YouTube folks regarding my uploading of The Clash performing "Straight To Hell" on Saturday Night Live (SNL). I have a little over 30 views and 1 comment.

Here is the body of the E-mail:

"YouTube
Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by NBC Universal claiming that this material is infringing:

The Clash - Straight to Hell (Live on SNL): http://www.youtube.com/watch?v=0gnJ2_IYX5A

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

Copyright © 2006 YouTube, Inc."

I'm guessing I really pissed someone off, and the monitoring of YouTube has gotten tighter? Any comments from NWO members having uploaded to YouTube? TIA, _Gerald


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OK, I just looked, I had 60 views in one day and 1 comment.
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Postby British » Tue Nov 07, 2006 11:37 pm

I uploaded a Conan O'Brien skit and got the same thing. So I uploaded it to Myspace instead. :)
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Postby eight6 » Wed Nov 08, 2006 12:20 am

I wonder if our resident "copyright infringement" expert would care to comment on this?

Dan, I cede the floor to you...


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Postby tiger_mn » Wed Nov 08, 2006 12:34 am

[quote][i]Originally posted by eight6[/i]
Dan, I cede the floor to you...

[/quote]

Didn't he link to youtube in the Bill Maher thread? Isn't that a copyright violation?
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Postby eight6 » Wed Nov 08, 2006 12:47 am

[quote][i]Originally posted by tiger_mn[/i]
<br>[quote][i]Originally posted by eight6[/i]
Dan, I cede the floor to you...

[/quote]

Didn't he link to youtube in the Bill Maher thread? Isn't that a copyright violation?
[/quote]
<font size=2>

Yeah, I was thinking the same thing...but I'm sure there is a subtle difference that escapes a simpleton like me. I notice in his 'Toronado For Sale' thread he meticulously copyrighted each picture of the land yacht.

[i]"...we were those for whom the rules do not apply"[/i] - Jerry Harrison




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Postby coop41 » Wed Nov 08, 2006 1:49 am

Well, I... (errrr I mean a guy I know [;)]) had a little brush with the law this weekend, and it involved NBC as well. I got an e-mail from my ISP (Cox) advising me I had violated copyright law, and attached was the letter from NBC stating I (I mean my friend) had violated copyright laws using Bit Torrent to download and share an episode of The Office. I was having thoughts all weekend I was going to the big house and was going to have a tattoo etched on my forehead saying NBC's REVENGE. Ironically, I rarely use Bit Torrent (although I heard it was safer than normal downloading-obviously incorrect), and I was just getting an episode I had just deleted inadvertantly from my Windows Media Center for my brother to watch. The letter from my ISP said to delete the file or have my service shut down within 24 hours. I did and responded that the file was deleted. I DID NOT click on the link and give NBC my name, address and phone number as requested or I would probably be out suit shopping this week.
I got a response from my ISP stating that everything was cool, and if you download something, make sure your sharing features are turned off so you don't get in trouble[^]!!! and no further action would be required. Phew! I will never ever ever get on another file sharing program and only download NBC shows from iTunes ever ever again in my whole life as long as I live, in fact, I am going to make sure I only watch NBC shows when they are on TV so I don't fast forward through any commercials.....I mean my friend is.
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Postby Panorama » Wed Nov 08, 2006 2:08 am

[quote][i]Originally posted by eight6[/i]
I notice...he meticulously copyrighted each picture.

<img src="http://img.photobucket.com/albums/v647/dbince/eight.gif"><img src="http://img.photobucket.com/albums/v647/dbince/number6.gif">

I was smellin' alright, and lookin' alright.
[/quote]The copyright notice is done through a Photoshop action - I set it once. Then Photoshop creates the gallery from the selection of raw files from the Adobe Bridge.

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Postby SomebodySomewhere » Wed Nov 08, 2006 2:12 am

I don't understand why NBC U is sending out copyright infringement letters to people trying to download or upload "The Office." Don't they realize the infringers have already suffered enough just [i]watching[/i] "The Office?"
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Postby rotator » Wed Nov 08, 2006 3:01 am

Google must have know that the content on Youtube infringes on copyright laws before they bought....they must have something else up their sleeve....essentially they will ruin what made youtube fun. just like what happened to mp3.com when they got bought
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Postby ekahob » Wed Nov 08, 2006 3:18 am

I never understood why Google spent so much on youtube. They are trying to work out deals with all the copyright holders - record companies, tv networks, movie studios, etc. No small feat. In the meantime the most popular clips are being deleted and youtube is losing its audience.
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Postby eight6 » Wed Nov 08, 2006 3:39 am

[quote][i]Originally posted by Panorama[/i]
<br>[quote][i]Originally posted by eight6[/i]
I notice...he meticulously copyrighted each picture.

<img src="http://img.photobucket.com/albums/v647/dbince/eight.gif"><img src="http://img.photobucket.com/albums/v647/dbince/number6.gif">

I was smellin' alright, and lookin' alright.
[/quote]The copyright notice is done through a Photoshop action - I set it once. Then Photoshop creates the gallery from the selection of raw files from the Adobe Bridge.

---------------------------
"Photography with a Vision"
http://www.cooganphoto.com
[/quote]

Fascinating...now what about the fact that you seem to feel the intense need to protect your works against illegal distribution or use, yet feel free to download music here, as well as post Youtube links to copyrighted material?

Seems to be a bit of a double standard, wouldn't you agree?


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Postby wozgo » Wed Nov 08, 2006 4:23 am

Hey glokstadt, I wouldn't worry much over this notice from youtube. NBC has always policed their stuff on the net, and especially on youtube. If you hadn't included 'snl' in your title or keywords, your clip probably would've been left alone for the time being. Now that Google is trying to make nice with record/tv/movie companies, all clips that aren't either homemade or paid advertisements will likely be deleted in the coming months.
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Postby Panorama » Wed Nov 08, 2006 4:36 am

[quote][i]Originally posted by eight6[/i]
<br>[quote][i]Originally posted by Panorama[/i]
<br>[quote][i]Originally posted by eight6[/i]
I notice...he meticulously copyrighted each picture.

<img src="http://img.photobucket.com/albums/v647/dbince/eight.gif"><img src="http://img.photobucket.com/albums/v647/dbince/number6.gif">

I was smellin' alright, and lookin' alright.
[/quote]The copyright notice is done through a Photoshop action - I set it once. Then Photoshop creates the gallery from the selection of raw files from the Adobe Bridge.

---------------------------
"Photography with a Vision"
http://www.cooganphoto.com
[/quote]

Fascinating...now what about the fact that you seem to feel the intense need to protect your works against illegal distribution or use, yet feel free to download music here, as well as post Youtube links to copyrighted material?

Seems to be a bit of a double standard, wouldn't you agree?

<img src="http://img.photobucket.com/albums/v647/dbince/eight.gif"><img src="http://img.photobucket.com/albums/v647/dbince/number6.gif">

I was smellin' alright, and lookin' alright.
[/quote]Yes, I post each image of mine with a copyright notice -- many photographers do, and I have done so for many years. As well as magazines, newspapers, etc... it's standard operating proceedure.

Here is the information on linking and video embedding from youtube.com:
http://www.youtube.com/t/fact_sheet
YouTube Fact Sheet - Overview and Features
Some of the site's features include:
Video embedding, which lets users insert a YouTube video into MySpace accounts, blogs, [b]or other Web sites where anyone can watch them.[/b]

---------------------------
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Postby SomebodySomewhere » Wed Nov 08, 2006 5:00 am

[quote][i]Originally posted by ekahob[/i]
<br>I never understood why Google spent so much on youtube. They are trying to work out deals with all the copyright holders - record companies, tv networks, movie studios, etc. No small feat. In the meantime the most popular clips are being deleted and youtube is losing its audience.
[/quote]

Probably for the same reason CNET felt the need to spend big bucks acquiring Webshots -- which they quickly turned into Webshit.

(Don't even get me started on TV.bomb)
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Postby eight6 » Wed Nov 08, 2006 5:24 am

[quote][i]Originally posted by Panorama[/i]

Here is the information on linking and video embedding from youtube.com:
http://www.youtube.com/t/fact_sheet
YouTube Fact Sheet - Overview and Features
Some of the site's features include:
Video embedding, which lets users insert a YouTube video into MySpace accounts, blogs, [b]or other Web sites where anyone can watch them.[/b]


[/quote]

What a load Dan...the fact that something is posted on Youtube does not negate the obvious copyright pretection a network broadcast would have. The above quote from Youtube's fact sheet was never intended to be taken as permission to freely use copyrighted material, and it's assinine for you to use that as your position.

What a weak response. The point of my question was deftly avoided the first time, let's try again.

How is it you feel your material is worthy of protection from illegal use, yet others' material is fair game for illegal downloading or posting by you? Have a look at the Youtube posting YOU made in the Bill Maher thread. You sued when it was your material being used without consent and lectured me on the finer points of Copyright law, yet you are now guilty of those same copyright violations.

Maybe it's time for you to practice what you preach, instead of bleating on about your supposed principles.




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