Youtube violating Fair Use Act

[quincy]

No. You can't sue them for anything you think you may be able to. They are a private site and they don't have to tell you anything. They don't even have to let you post on the site.

Yup. It appears that photoguys2003 will have to find another way to educate the public about toxic mold.

 

[FlyingRon]

The OCILLA provisions of the DMCA also provide them additional protections if they just remove the potentially infringing material.

Believe me, Google is quite familiar with the fair use limits and pushes it quite a bit the opposite way you're asserting. Also, the shear volume of uploaded material to YouTube means a lot of the screening takes place automatically and keyed to the limitations requested by various rights holders.

Appealing copyright actions on their part is here: https://support.google.com/youtube/answer/2814000Appealing community use removals is here: https://support.google.com/youtube/answer/2814000

 

[quincy]

It would be smart to have the video content personally reviewed by an IP professional before challenging the copyright holder's claims to rights in the material.

The Copyright Act's section 107 (the source of the "fair use" defense) does permit certain uses of copyright-protected material. The permission granted unauthorized users can extend to copyrighted works used for teaching purposes, for news reporting, as part of scholarship or research activities, and in connection with criticism or comment on the copyright-protected work.

But each of these areas where fair use might be considered a defense to an unauthorized use would be analyzed on a case-by-case basis. You really don't want to end up in court for this analysis.

It is always smartest for a person to get permission from the copyright holder to use their work rather than rely on fair use to protect the use from a court-award of damages. Because statutory damages range from $750 to $30,000 per infringed work (or up to $150,000 per infringement for especially egregious infringement), it can be a costly risk to use someone else's copyrighted work without authorization.

 

[Zigner]

No. You can't sue them for anything you think you may be able to. They are a private site and they don't have to tell you anything. They don't even have to let you post on the site.

Thanks for parroting what was said two weeks ago.

 

[quincy]

Wolfie's comments here are at least to a more recent thread. Wolfie posted to a few archived (2017-vintage) threads, as well. Those were reported and have since been deleted.

Unfortunately, when an old thread is revived, it tempts others to add to it. That generally benefits no one, as the original poster is no longer around and the revived material may be outdated information.