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shadling21's avatar

Should I file a DMCA or International counter-notice through Youtube?

Asked by shadling21 (6457 points ) July 28th, 2010

Recently, my Youtube channel was suspended for copyright infringement. I need to get those videos back! As, it details on this page, I am able to file a counter-notification via DMCA or an International agreement… but which is safer? I live in Canada, so either option is available to me.

In this case, I’m not sure whether the claimant (Warner Music) is right about me using their music. I know for sure that one of my other videos received a falsely filed DMCA claim, and was hoping to focus on that one.

Also, should I worry about scanning my signature and sending it online? This seems unsafe, but it’s necessary to get my channel back.

If you want to know the full story, read my blog post about my troubles and ask your questions here or there or anywhere.

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10 Answers

shadling21's avatar

Some more info…

The DMCA counter-notification reads, “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant.”

The international version reads, “I will accept service of process from the person who provided YouTube with the original copyright complaint or an authorised agent of such person.”

Kayak8's avatar

Did you use someone else’s intellectual property? If you did, you don’t want to file either. I just fought a copyright infringement case (and won) when someone stole my intellectual property. Warner Music has deeper pockets than I do and attorneys who do this all day long . . . either choice can land you with a lawsuit, so you may want to talk to an attorney (as the YouTube page recommends).

shadling21's avatar

I don’t know if I used their music, and I currently have no way to check, since all videos have been removed. All I have is a video title that I don’t recognize and a URL that redirects me to nowhere. I am not the only content creator for the channel, but none of my colleagues know what video it is either.

I’ve asked Youtube my questions, but they provide little help.

Kayak8's avatar

Did you use anyone else’s music for any of your videos?

shadling21's avatar

Yes. But I did not receive DMCA notices for those.

tablack01's avatar

You should have a copy of this video on your hard drive. You don’t move videos to youtube, you upload a copy. There is no copyright infringement if you create a video with their music and don’t distribute it anywhere.

shadling21's avatar

@tablack01 There is no copy. I did some digging online and discovered that I’ve been served a DMCA takedown and notice for a video that doesn’t belong to my channel. I’ve brought this mistake to Youtube’s attention, but I doubt they’ll help me out much.

tablack01's avatar

If it isn’t on your channel I don’t think I would worry about it.

shadling21's avatar

I got suspended for it regardless. Which is why I want to take some action. I think I need a lawyer…

fooer's avatar

you should contact youtube.

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