Youtube take down notices/Content ID

[ebaysucks]

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

I have to routinely file take down notices on Youtube. I might add I have to manually fill out there form every time. On their form page they ask if you routinely have to file notices and if so would you like to fill out an application to join their content id detection system. So i fill out the application and I am automatically denied. I've tried filling things out in different ways and it always comes up the same automatic denial. I am not even sure why I am denied. I don't know if it's because i don't have enough videos uploaded or are not listing enough copyrights or what but I'm denied.

Now I've noticed they do allow quite a few con artists gaming their content Id system to lay claim to public domain footage. Now I understand it is possible each of those companies produced their own end produced based off of a raw source(purchased film rather than copied a dvd etc)but I find through experience con artists are at play and they're using scare tactics to try and make you hand over your lunch money I mean agree to have ads. placed upon your video so your visitors can purchase them lunch, dinner, breakfast and then some. It's a bully tactic. All you do is call their bluff and most of the time they back down. Public domain is a complex area but that's not my point here. My point is Youtube allows lots of people to join their content id that own nothing but denies me.

In other words they have a mechanism in place to prevent the infringement of my intellectual property but refuse to let me in. Youtubers can freely upload my content and place it in a private video and infringe my rights. Their content id would identify the musical track immediately(in theory because it can misidentify or might miss my song if it is buried in the middle). The point here is they could help me or at least try and they dangle a carrot but deny me.

I know it's their website but it's not necessary for me to have an account there. I'm talking infringement. I'm talking they have been clued in. Some of the people infringing my music openly say they make their videos private. They could have countless subscribers. Youtube could care less. They bent over backwards for the riaa and warner bros(I believe they were the one who drew the line in the sand which prompted the implementation of the content id(software program used in cd manufacturing to identify sampling and avoid liability).

Do I have a case of discrimination? I know more people copy warner bros than me but I see no reason why they can't help me out when it's painfully clear based upon how many notices I regularly file that people will continue to use my content without my permission.

 

[Mass_Shyster]

Do I have a case of discrimination?

It doesn't sound like illegal discrimination.

Illegal discrimination is generally based on race, alienage, national origin, sex, sexual orientation (in some states), religion, or some other protected class.

I do not believe you are in any protected class. If not, youtube can freely discriminate against you.

 

[ebaysucks]

It doesn't sound like illegal discrimination.

Illegal discrimination is generally based on race, alienage, national origin, sex, sexual orientation (in some states), religion, or some other protected class.

I do not believe you are in any protected class. If not, youtube can freely discriminate against you.

Okay forget discrimination does their actions or lack there of suggest a level of complicity? They were always no different than say mymp3. They had absolutely no intention of cleaning up their website until one large company told them do something or else. I'll take all that with a grain of salt because things aren't always what they seem but that's how the story was told.

Another thing i don't like about this dmca is i have to give up all my information but there is never any information about the entity infringing the material. No IP address no nothing. I've actually been threatened after issuing a take down notice with my name as clear as day. Most threats are empty but it only takes one real one.

By allowing private videos youtube is saying it's okay to take mine or anyone else's intellectual property. I'm going to have to assume they don't let me submit content for their system because my name isn't the riaa or whatever and I can't be alone. It's impossible to find hidden videos too because codes are used. If my song is called XXX XXXX XXXXX and they label it AAAA AAAAA AAA I'm not going to see it but their subscribers get the content for free.

 

[justalayman]

what Youtube's failure to comply with a proper take down notice means is you can include them in your copyright infringement suit. The problem; many people have no intention of suing for the infringement which basically means; you are refusing to enforce your rights. If you do not enforce your rights, just why would they care what you say?

Another thing i don't like about this dmca is i have to give up all my information but there is never any information about the entity infringing the material. No IP address no nothing. I've actually been threatened after issuing a take down notice with my name as clear as day. Most threats are empty but it only takes one real one.

How is anybody to know it is your material if you do not tell them who you are? As to the IP addresses; that requires court action which would be part of your suit. You see, you have alleged there was a crime. You have not proven it. Unless you are willing to take action to prove it, the IP address or identity of the infringing party is actually irrelevant.

 

[ebaysucks]

what Youtube's failure to comply with a proper take down notice means is you can include them in your copyright infringement suit. The problem; many people have no intention of suing for the infringement which basically means; you are refusing to enforce your rights. If you do not enforce your rights, just why would they care what you say?


How is anybody to know it is your material if you do not tell them who you are? As to the IP addresses; that requires court action which would be part of your suit. You see, you have alleged there was a crime. You have not proven it. Unless you are willing to take action to prove it, the IP address or identity of the infringing party is actually irrelevant.

You're making it sound very easy though and then there is that whole blood from a stone thing. It is cost prohibitive to get courts to help out. Seems to be a grand game of cat and mouse.

I should probably refocus my efforts to squeeze some juice out of google through other means. What did they rake in last quarter? $96 trillion was it? Good luck defeating the defense team they could put together...on one side I'll have a drunk roid raging Lyle Alzado coming at me...on the far flank a vintage '39 German Blitzkrieg and down the center a run away train from hell.

 

[justalayman]

ebaysucks;3100788]You're making it sound very easy though and then there is that whole blood from a stone thing. It is cost prohibitive to get courts to help out. Seems to be a grand game of cat and mouse.

I understand what you are saying but the fact remains; if you do not enforce your rights, you are in no different a position than one without any rights.

I totally agree with you though. It's great to here we have all of these rights but the problem; many people simply do not have the funds to finance the defense of those rights.


On top of that, you do realize that to sue for copyright infringement, you had to have your work registered, right? Have you registered your works?

 

[novelist999]

It is cost prohibitive to get courts to help out. Seems to be a grand game of cat and mouse.

I agree totally. I'm going through a similar thing. I can't get Deviantart to take down my artwork, which someone uploaded there for others to download and use. In fact, they're ignoring my DMC notices. It's maddening dealing with some of these large sites! I've thought about having an attorney send them a letter, but that alone will probably cost at least a grand.