Have you been (un)successful in disputing a copyright claim on an ESO video?

Taylor_MB · May 2018

So here is the story of my first experience with YouTube's copyright enforcement (TL;DR they suck).

After very carefully selecting songs with no licensing restrictions outside of attribution, I got this surprising email from YouTube-

I was using two songs by the same artist in this video, both with almost identical licenses, yet only 'Ikigai' got a copyright claim against it. Details of the license and attribution below (to see full links go to video in YouTube, it cuts off when copy/pasting).

The Kyoto Connection - Hachiko (The Faithtful Dog)
License: Attribution-ShareAlike 3.0 Unported (CC BY-SA 3.0)
Source: http://freemusicarchive.org/music/The...
Artist: http://www.thekyotoconnection.com/

The Kyoto Connection - Ikigai
License: Attribution-ShareAlike 4.0 International (CC BY-SA 4.0)
Source: http://freemusicarchive.org/music/The...
Artist: http://www.thekyotoconnection.com/

So I submitted a dispute and unsurprisingly it was rejected. The "view claim details" provided literally zero additional information.

So I started the appeals process. It was SCARY. For one legal reason or another YouTube requires your address, full name, contact details, and informs that you can be sued for making false claims (I wonder if the record companies face consequences for false claims?). So I went back read through the license to make sure I satisfied every condition, I even found a second source (SoundCloud) that had the song listed under the same license to just throw all the information I could at them. Throughout this whole process there was no communication from TuneCore about what part of the license I was in violation of and no indication that anyone from YouTube had read the details of TuneCore's claim and my counterclaim. I was fully ready to lose my humble channel, I've heard too many stories of people getting copyright striked when they are clearly within their rights.

After avoiding logging into my email cause I was so nervous about the result I finally plucked up the nerve and did it...

Hooray! I was so relieved. It was also very bitter sweet though, why did I have to go through this whole process in the first place? Why was I provided zero information asides from "we've copyrighted this"? Do record companies face any sanctions for making false claims? It was bloody stressful but I'm glad I was right to continue the dispute until the end.

Get off my lawn!
-Tay

Taylor_MB · May 2018

So what are your experiences with posting ESO videos on YouTube?

Have you had a successful dispute/appeal?

Or have you been censored and you still don't know why?

DanteYoda · May 2018

Long story short don't post content on youtube, don't even use youtube..

Pretty straight forward to me.

AlienatedGoat · May 2018

Copyright claims on Youtube are not the same as copyright strikes.

Claims means that someone is edging in on the ad revenue on the grounds that content in your video belongs to them, but still is legal use. So they basically try to take a piece of the ad revenue. Your video remains up. There's no danger to your channel.

Strikes means that you've had a report filed that you're using copyrighted materials illegally and that your video is going to be taken down because of it. Strikes are bad for your channel and will lead to you losing access to account functions and can eventually lead to your channel being shut down.

Just to clear that up for you.

rfennell_ESO · May 2018

Is your Youtube account monetized?

Taylor_MB · May 2018

Phage wrote: »

Copyright claims on Youtube are not the same as copyright strikes.

Claims means that someone is edging in on the ad revenue on the grounds that content in your video belongs to them, but still is legal use. So they basically try to take a piece of the ad revenue. Your video remains up. There's no danger to your channel.

Strikes means that you've had a report filed that you're using copyrighted materials illegally and that your video is going to be taken down because of it. Strikes are bad for your channel and will lead to you losing access to account functions and can eventually lead to your channel being shut down.

Just to clear that up for you.

I'm not confused about the difference. In submitting the final appeal YouTube warns you that if it gets rejected you will have a copyright strike (minimum) and potentially have your channel closed and sued (maximum). Maybe the closure is only if you have 3 strikes already, but it certainly did not specify that. So based on the little information they supplied losing channel was a possibility.

rfennell_ESO wrote: »

Is your Youtube account monetized?

Negative, applied a few weeks before they changed the requirements so missed out.

VaranisArano · May 2018

So, does this have anything to do with ESO or was the copyright problem with the music you picked?

Wabu · May 2018

I think TuneCore as a music publisher owns the copyright to that song.
And YouTube's automation helps protect the attribution agreement in the CC license provided by the music artist.
A music publisher's copyright claim adds: artist tags in the video description (which you were already doing), rights to view your video's stats or rights to monetize your video on behalf of The Kyoto Connection and publisher.
From what I understand you are against the idea of a music publisher trying to place an ad on your video and if a person misclicked skip ad and actually clicked the ad, it could potentially land ~5 cents in The Kyoto Connection's wallet (or you are very protective of the geo data in the video's statistics).

I mean, you got that music for "free".
¯\_(ツ)_/¯

Rohamad_Ali · May 2018

Yes I've won a dispute same way you just did . Music was hosted as public domain and free shareware . Publisher still tried to make a claim . I provided all the proof and publisher dropped the claim .

PS never be afraid of someone suing you if you are in the terms of service . If they did and were wrong you can counter sue for lost time and harassment . Go to court an make some money .

NovaMarx · May 2018

This isn't really an ESO issue, let's be honest. This is a YouTube issue.

ZOS_KatP · May 2018

Hi there,

Since this thread is not related to ESO, we've decided to close it.

Thanks for understanding.