Was my commentary video taken down wrongly?

[traumkampfer]

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

Hello, just yesterday I had a YouTube video taken down where I was commentating on a cartoon throughout the entire episode (so much that most of the comments told me to shut up).
My channel does not generate income of any kind, and the strike they put against my account greatly reduces my uploading ability. Seeing as how the Fair Use laws protect commentary, should I try to get the copyright claim dropped?

 

[justalayman]

Generally fair use claims are not to use an entire episode or document. If you believe the take down request was in error, then contest it. YouTube isn't going play judge and jury and make some sort of ruling. They can deny your dispute and leave it down. If you believe it is improper, you have every right to head to court to seek their determination.

My channel does not generate income of any kind,

and? That is not your salvation.

this is from the copyright office concerning fair use:

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes

2. The nature of the copyrighted work

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole

4. The effect of the use upon the potential market for, or value of, the copyrighted work

number 3 suggest the use of an entire work is not acceptable

 

[traumkampfer]

I have no interest in getting the video put back up, I just want the strike taken off of my account. Heck, after the strike was put on I removed all of my commentary videos and everything that could even be considered to not be fair use. The only problem is I don't know if Cartoon Network is the type who would try to sue me if I tried to reverse the decision just to remove the strike and delete the video.

 

[justalayman]

traumkampfer;3160600]I have no interest in getting the video put back up, I just want the strike taken off of my account.

that is simply a policy issue you will have to deal with Youtube about. It has nothing to do with whether the violation was actually a violation or not.

he only problem is I don't know if Cartoon Network is the type who would try to sue me if I tried to reverse the decision just to remove the strike and delete the video.

they already have a right to sue you if they choose.

 

[traumkampfer]

Well, thanks for the help and knowledge at least.

Sigh, god I hate America.

 

[CdwJava]

Well, thanks for the help and knowledge at least.

Sigh, god I hate America.

The beauty is, no one is keeping you here.

And, of course, YouTube and Cartoon Network are not "America" they are merely corporate entities that conduct business here.

 

[traumkampfer]

That is true, and I would love to leave if other countries didn't have such difficult immigration tests.

I wasn't implying that they were America, I hate corporations who think they can own stuff which should rightfully belong to the people, which America symbolizes.

 

[Proserpina]

That is true, and I would love to leave if other countries didn't have such difficult immigration tests.

I wasn't implying that they were America, I hate corporations who think they can own stuff which should rightfully belong to the people, which America symbolizes.

You're assuming that other countries would actually want you.

 

[CdwJava]

That is true, and I would love to leave if other countries didn't have such difficult immigration tests.

I wasn't implying that they were America, I hate corporations who think they can own stuff which should rightfully belong to the people, which America symbolizes.

Now, how does a cartoon paid for and presented on Cartoon Network belong to "the people?" Should everything YOU create that might make you money belong to "the people?" Should you not be permitted to control the use of, and profit from, your own creation?

And "the people" do not own YouTube, a private corporation does. If you want to create a site that will allow even copyrighted material to be posted, consult an attorney, buy the equipment, and have it ... for the people! Not sure how you'll pay for it, or survive the lawsuits for copyright infringement, but, if you're truly a man of the people, you'll figure it out!

Oh, and other countries tend to have much stricter immigration rules than the United States. That's to our detriment, I suppose. But, hey, there's always Canada or Mexico.

 

[traumkampfer]

Now, how does a cartoon paid for and presented on Cartoon Network belong to "the people?" Should everything YOU create that might make you money belong to "the people?" Should you not be permitted to control the use of, and profit from, your own creation?

I don't see it as right that people create music, videos, and things like that for money. One should not be able to own culture or art, nor should someone profit from them.

 

[quincy]

I don't see it as right that people create music, videos, and things like that for money. One should not be able to own culture or art, nor should someone profit from them.

Oh, I sooo agree with you, traumkampfer.

I am not sure from where the incentive to create will come, or how creative people will survive, but they absolutely should not be paid for any of their work.

 

[tranquility]

Oh, I sooo agree with you, traumkampfer.

I am not sure from where the incentive to create will come, or how creative people will survive, but they absolutely should not be paid for any of their work.

And, yet, we see the myriad examples of creativity scattered about the interwebs. Heck, just look to the OP. Or,to the posts here. Throughout history, the vast majority of creative people did not make a living at their art.

The quality of the art is so much better today now that talented people are well paid.

See also:
http://m.youtube.com/#/watch?v=Ys7-6_t7OEQ&desktop_uri=%2Fwatch%3Fv%3DYs7-6_t7OEQ

 

[traumkampfer]

Not everyone is a filthy American capitalist, but it would appear that everyone here is, so I shall take my leave. Good day,sirs.

 

[>Charlotte<]

I think a BMW is a work of art

 

[CdwJava]

I don't see it as right that people create music, videos, and things like that for money. One should not be able to own culture or art, nor should someone profit from them.

Soooo ... who pays for the artist's food? His time? His rent? The tools used to create his art or music?

Or, who is going to pay to produce the music - to convert it from an idea in the composer's head to an arrangement, sheet music, and the recording that will be produced for all to enjoy? Who pays the engineer who put the music together? The electricity? The equipment and gear needed to record and produce a CD?

I have been an "artist." I once made something of a living as a musician and also in theater. But, I still needed to pay rent, so I couldn't always do this for free and "the people" did not give me free room and board. And the cost of the instruments I played ... wow! Those were expensive! (I was a horn player ... brass instruments ain't cheap!) My time ... travel ... recording studio time ... all this costs money.

Oh, I see! You wish to fall back on a system of patronage, perhaps? Where only the rtich get to "own" an artist? Or, perhaps it is up to the government (i.e. those of us with jobs that get taxed up the whazzoo) to pay for the art that everyone else might enjoy?

Really?!

As mentioned, where would the incentive be to create "art" if one had to choose between art and starvation. "Hmmm ... I can write that song today, but then my kids would starve ..."