September 26, 2011
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My "Second Strike" on YouTube
Got the message below in my email this morning. YouTube deleted my Betty Boop Dreams video because of copyright infringement. It's my "second strike". I've got over 65 videos on YouTube and have been uploading my mostly original videos since they created the service in 2005. At one time, you could find lots of material which has since been removed. A lot of folks just posted videos from TV or from tapes. Betty Boop Dreams, which can also be found here on my Xanga account, and which has been on my YouTube channel since 2006, is mainly a collection of videos showcasing my Danbury Mint collectible Betty Boop figurines, with background music by Supertramp. I used the song "Dreamer". I believe the copyright holder "noticed" I used the song back in 2007 or 2008 and the video has had "ads" portrayed on it since then. Now it's supposedly violating some other copyright. If I go to my own YouTube channel, I'm faced with a video about copyrights, and I won't be able to see my own channel until I watch the video and answer a quiz.
I have a feeling perhaps a lot of stuff will be disappearing from YouTube. I had a "copyright infringement" back in 2005, so if I get one more, my account will be terminated. I guess this makes me a bad boy of the internet. Next time, I'll be a "third striker". The email lets me know there could be dire consequences.
Dear mikevideo
We have disabled the following material as a result of a third-party notification from IFPI claiming that this material is infringing:
Betty Boop Dreams
http://www.youtube.com/watch?v=U5Kqn_iUqsk
This is the second copyright strike against your account. A single additional claim against your account will result in the termination of your account. To avoid this, delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.
If one of your postings has been misidentified as infringing, you may submit a counter-notification. Information about this process is in our Help Center.
Please note that there may be severe legal consequences for filing a false or bad-faith notice.
Sincerely,The YouTube Team
My Defense:
I don't sell anything. I'm not trying to take credit for using another's artistic talents. A MikeVideo on the internet is free. I always have made sure that I credit all copyrighted material in my videos. Somebody might like the tune and want to buy the CD! I don't even like to use existing copyrighted music anymore. I prefer to use original music, and have featured the music of at least three Xangans in my MikeVideos. I'm all for copyright protection. I'd hate to see somebody taking credit for one of my poems. But if somebody wants to present one of my poems on their website, and let people know I wrote the piece, then I'm okay with the fact it's being presented.
The "IFPI" (who ISSUED the "third party notification" seems to be a "watchdog organization" acting in the interests of the music industry. "Dreamer" isn't a popular song nowadays. It's over 25 years old. You would think that using older music on a video ("Betty Boop Dreams" was my most popular YouTube video for many years.) and identifying that music. (including copyright holder) would be positive and not negative. But my five year old video is IN VIOLATION of YouTube's copyright legislation. I've seen the "free internet" slowly disappear. I'm really not all that upset. Of course possibly by linking to the IFPI they will see that I supply a link to Betty Boop Dreams here on Xanga and ask to remove it. Or else they'll notify the Xanga Gods that I'm in violation on YouTube and should possibly be cited here on Xanga as well. I can put the video up on my own server as well, and perhaps get a nasty email. (Or maybe Hostway, my service provider, will get the nasty letter.)
Comments (15)
YouTube copyright issues are very annoying. If they were a bit more consistent with it I might understand, but sometimes they really stretch it when calling out people.
i once upload a video i recorded while i was driving (um, don't do that at home, haha)then it was notified as infringing the copyright material, because it just so happen one song was playing on the radio, that was considered a copyright material...
@Roadlesstaken - The video was already tagged with one of those "you don't need to do anything" copyright notifications back in 2008. BETTY BOOP is a copyrighted character, but the video isn't being tagged because of Betty Boop. Must be the song, which was granted OK to use back in 2008. What's disturbing is that this notification comes from a 3RD PARTY and not the copyright holder who supposedly "passed" the video earlier. Inconsistency fuels the internet in general. Makes it exciting and annoying at the same time sometimes.
It is ridiculous. But, unfortunately, any public media sharing service needs to be prepared to take down any plausibly violating conent in order to avoid itself being railroaded out of existence. It's not about consumer rights. It's not about content creator rights. It's about not allowing any exceptions to copyright rules to keep it clear who owns the copyright and the rights to charge as they wish per use.Patent and current copyright laws are about as civilized as basic education being banned from a certain set of people; for their use as leverage to raise profits and stifle innovation and creativity.Creative works such as literature and art should be copyrighted according to it's creators' wishes until we all realize there's no overall benefit to a whole people. Patents serve no purpose at all but to keep money flowing to those who don't need patent protection while those who do do only because of the existence of a patent system. Eliminate both (eliminate copyright at least where it applies to education or innovation) and within a generation everyone will have access to the best or nearly best version of everything in production.
Interesting. I have been educated somewhat about copyright laws. Some of my poetry has legal copyright protection.. I try to be careful about devotional writings I share on my site by always crediting the source of it. When proper credit is given, I believe republishing or reprinting is covered by "Fair Use" provision of copyright law. This covers sharing some exerpts of published material for non profit, educational purposes. The exception would be if the original source requires permission to republish the original material.. However, I have noted that even a statement such as "permission to publish requested" apparently covers one from copyright violation. Also, after a certain amount of time, original works become "public domain" unless the copyright has been renewed. I don't remember the time frame on that right now. Hey, it's good to see you back to posting, Michael.~~Blessings 'n Cheers
Doesn't make much sense to me, unless you were trying to make money from it, which you were not. Guess you're going to have to buy a kazoo and record your own background music for your vids.
I firmly believe that YouTube violates the fair use principles of millions of people who create materials that are used in a non-commercial manner. If I credit the source of my materials and do not attempt to make any money from the use of those materials, then it is a fair use. Not sure that the courts will back me up on that, of course! =D
I don't have a youtube account, but I have heard of them taking down people's videos because they somehow violated copyright or something. Sorry your video was taken down.
I know most classical songs you can use with most anything because of their age. On photos you have a 75 year copy write on. Not sure about the songs though but most classical music would be ok to use.
Sir! Tsk Tsk. If this was college, they would never ask questions and claim you have committed plagiarism. End game. Thankfully it is the internet. Worse comes to worse....a new account will rise from the ashes of the old one. How are you doing?
wow, that is just so sad... maybe they're trying to get people who use their music to pay because now they are not making money because they are has beens, no one's buying them anymore... you should use current music because the artist may not care because people are still buying their music
Dear MikeSeems like it has been forever. Hope that you are doing well. I hate that this happened to you. Your videos are great and I have seen this one and loved it. I didn't realize how long it has been since I have visited your site. I apologize. It seems like life has gone a little crazy lately. I decided to actually live life for awhile rather than just talk about it. It keeps one busy when you do that. For someone with no kids I seem to be busy all the time. That is fine though. I don't want to reach the end of my life and regret not having done something. On the other hand I don't want to get so involved in so many things that I don't take the time to enjoy them. Oh dear I am going to become a philosopher. LOL I do hope that you are doing well. If you get a few moments of time please let me know how you life is going.HugsKat
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