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What if you don't hold copyright?

Discussion in 'Youtube and Vimeo Problems' started by themadhair, Jan 14, 2009.

  1. themadhair Member

    What if you don't hold copyright?

    This question I hinted at a few times but I think needs to be addressed in full. There is a lot of material that we use that don't hold the copyright to - documentaries and news broadcasts.

    I have currently a copyright claim (totally bogus - the email is happysmurfla@aol.com) against an Irish documentary I was hosting (and the most effective cult vaccination for the Irish public we have). None of the advice offered so far that I have seen addresses this particular situation. Three things are relevant here:

    1) YouTube has a fake name (Francois Choquette) and a non-traceable disposable email. They haven't bothered to verify the claimant at all.

    2) YouTube is taking the route of "counter-file or fuck-off" so far.

    3) Getting a namefag to counter-file is tricky given that this isn't a DMCA claim and I don't own the copyright to the material.

    At this point I don't really see YT giving a flying fuck until they are forced to. I need ideas and suggestions for how to proceed.
  2. Vir Member

    Re: What if you don't hold copyright?

    I am not a lawyer, so take this with a grain of salt:

    If the claimant isn't an agent of the real copyright owner, and supplied fake contact info which doesn't work, then there's no risk for you in counterclaiming. If the fake contact info does work, then you'd need somebody already namefagged to do it. The legal risk is low to non-existent, because the claimant is fake.

    WBM counterclaimed on the basis of fair use, against the true copyright owners of a clip, and that turned out OK too.

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