Someone filed a false DMCA counter-claim against me... what now?1 Recommended Answer
We received the attached counter-notification in response to a complaint
you filed with us. As described in the United States Digital Millennium
Copyright Act (DMCA) 17 U.S.C. 512, by this email, we're providing you
with the counter-notification and await your notice (in not more than 10
days) that you've filed an action seeking a court order to restrain the
counter-notifier's allegedly infringing activity. Such notice should be
submitted by replying to this email. If we don't receive notice from you,
we will reinstate the material to YouTube.
I've notified YouTube that I intend to seek a court-order... but am I now required to actually obtain said order, and serve this person? Does anyone know how involved this process is? How much it costs? Or if I can do it without a lawyer/legal team? Also, this user has committed perjury... is there any likelihood of prosecuting him for this? His counter-claim lists Copenhagen, Denmark as country of origin, so I'm not holding my breath there.
Do I only have 10-days to serve this user, or is the 10-days just for me to notify YouTube that I *intend* to serve him? If I'm unable to serve him by the end of next week... does this thief merely get to keep my content on YouTube forever? Or can I restart the process again?
Any help and insight would be greatly appreciated... but I doubt many reading this have any experience on this side of the counter-claim process. Thanks much.
My understanding of how this works with copyrighted music issues should also be similar for this.
Because you are the holder of copyright, I'm fairly sure that YouTube doesn't require proof you've sought to obtain a court order. You just need to let them know in the next 10 days that you disagree with the user's counter-notification and that's good enough for them to take down the video for good. You do not need to supply a court order to YouTube.
You're able to take the case to court if you really want to and feel like the user has profited or if you feel like you deserve compensation for the use of your work. Also, the user can file suit against you if they have permission or qualify under Fair Use (but users almost never do this).
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That is they are not partners,affiliates or big companies like Microsoft.The reason why I won't go to court is this.
I cannot afford to go to court and also I live in England. And I cannot go to the US to attend a court.
And also say you do go to court and the judge says that the user can keep the video up. Then you have lost your case and I don't know about America.
But in England if you take court action against someone and you loose you have to pay all of the costs of going to court and the case. Which could be thousands of pounds.Did you know that?
And lastly I don't think it's a matter for the courts. A user violated the terms of service by uploading clips from another You Tube users video.Which is against the TOS on You Tube and most other video sites.
So it is up to the site to deal with that user. And if a user breaks violates the terms of service,the video is removed from that users channel. And they may get a strike against their account or even they account deleted.Depending on the site.Each video site has different ways of dealing with users who break the TOS.
So if the user breaks the terms of service,the website deals with it,end of story. Not everything is a court case.
The You Tube TOS say it is against the rules to upload content or videos that belongs to someone else without the owners permission. And that includes other You Tube users videos.
And I did not give that You Tube user permission to upload clips from my video and use them in his video.
And not only that,but the first time the user put the video up before I complained to You Tube and they removed it.It had clips from my video and another You Tube users video.
But after that user appealed to You Tube against the removal and they put it back on the users channel again. This time not only has that user uploaded clips from my video and the other users video. But it also has clips from a THIRD You Tube users video.And that is clearly copyright and against the TOS.
But somehow that You Tube user has gotten away with it.So it seems the terms of service say one thing. But in practise they mean another. You Tube should be more clear about their terms of service. Andrea Borman.
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