DMCA Counternotice

[KORISUYA]

What is the name of your state (only U.S. law)? New Jersey

I expose martial arts frauds on youtube and they don't appreciate it. Recently one of these fakers had a video of mine removed, the video contained an image from the person's public website. I used the image to show where the document had improper Japanese, poorly written characters, other errors which a true Japanese instructor would not make, and most importantly an error in the placement of the stamp which would make the certificate void under Japanese laws. I have exposed the person's teacher never existed, and I also contacted the branches of the school she claims to have trained with in Japan and verified that she has lied about these connections. Should I file a DMCA counter notice to get my videos reinstated, I understand that she will have to file a court order barring me from reproducing the videos, but do you feel my rights are protected under the fair use doctrine? Thank you for your help.

 

[The Occultist]

Whether or not these people are lying in their videos is completely irrelevant to you infringing on their copyright. If the material is not yours, you are not allowed to use it without their permission.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? New Jersey

I expose martial arts frauds on youtube and they don't appreciate it. Recently one of these fakers had a video of mine removed, the video contained an image from the person's public website. I used the image to show where the document had improper Japanese, poorly written characters, other errors which a true Japanese instructor would not make, and most importantly an error in the placement of the stamp which would make the certificate void under Japanese laws. I have exposed the person's teacher never existed, and I also contacted the branches of the school she claims to have trained with in Japan and verified that she has lied about these connections. Should I file a DMCA counter notice to get my videos reinstated, I understand that she will have to file a court order barring me from reproducing the videos, but do you feel my rights are protected under the fair use doctrine? Thank you for your help.

If you think you can validly present a defense of fair use, and are willing to go to court over this, go ahead and file the counter notice. Before filing, I suggest having a copyright attorney review your video. From your description, it sounds like valid criticism under the fair use doctrine, but I haven't seen the video nor the copyrighted material.

The only beneficiaries of the court battle will be the lawyers.

As an alternative, consider editing out the poster, and in it's place, put your own 'correct' characters, and describe the correct placement of the stamp, and explain how the other party's material is wrong.