/youtube/community?hl=en
/youtube/community?hl=en
11/22/09
Original Poster
LoriM

GOOGLE ADVERTISING W/OUT PERMISSION ON VIDEO THAT I CREATED WITH NO COPYRIGHT INFRINGEMENT

I did not sign up for google advertising. I understand that if anothers video is played that did sign up for the partner program that Google is entitled to play an Ad, but why is their a Google Ad remaining on my site when playing my own video uploads?

Additionally, one of my videos has been marked as a copyright infringement even though the printed article was provide to me by the writer of the article with his permission. I submitted form to debate the claim, but how do I find out specifically who, or where the address is of the individual who claimed copyright so I can contact my attorney. The copyright infringement claim on my site just states an unknown name with no physical address.
Community content may not be verified or up-to-date. Learn more.
All Replies (33)
JDoors
11/22/09
JDoors
Is the ad ON your video, or on YouTube's page that displays your account content?
 
Does the claim actually say "unknown name?"
11/22/09
Original Poster
LoriM
Thanks Jdoors for responding. Sorry, not unknown name. Didn't look carefully.

Yes the Ad is ON my video(s). Not everytime, but enough that I decided to take action. I noticed it when I logged on a few days ago, then thought that maybe it was left on because I had clicked on a playlist where maybe that person was registered for Ads. Yesterday, on more then one occasion the Ad appeared on only my Video(s). 

 I did find the company name who made the claim: Go Digital Media Group LLC, and they are challenging my audio. I contacted Apple computer to confirm that I had full rights to my Audio, and they said that anything I pull from Imovie, or any of Apple's sound clips are mine, and no one has any right to it. 

Yesterday, I did some research and learned that there are others who have experienced issues with Go Digital:


I believe, although not sure, that because this company has laid a claim to my video, they are now collecting on advertising for my video. 
If this is the case, then Youtube, in my opinion, has a responsibility to get facts confirmed before advertising is allowed on anyones site, and before anyone should be required to file a time consuming copyright counterclaim I feel that the company laying the claim has a responsibility to be exact as to what their claim is. They just say audio. I have numerous audio clips. Which one? My guess is that when they have to be specific they will go away. Not sure if my advertising theory is correct, but would like to have it confirmed as well as be compensated for any income that was generated from my videos.

What is interesting is a comment made at the link I provided. "Best answer Exianer (Asker)
My understanding is that anyone who files a false DMCA copyright claim is liable for damages and legal fees if you choose to counter-prosecute.  By filing a DMCA take-down notice, they've stated under penalty of perjury that their claim is true, and under your stated circumstances you can - if you so choose - take advantage of that in a punitive manner."

Exianer said that if a "DMCA take down notice" is filed falsely then the individual can be prosecute. What is interesting is that the company placed the claim on my site, but there was no take down notice. The form said "no action required", which leads me to believe that my theory is correct. If anyone can confirm I would appreciate.

JDoors
11/23/09
JDoors
I remember the posts you refer to or similar ones. If I remember correctly, at least in the cases where the user came back to say what happened, GoDigital does not fight counter-notices (not a guarantee!). All the legal mumbo-jumbo is there to warn you of the worst possible outcome, but really, who's gonna sue you because you said a copyright notice was in error? (OMG, not that I'm a laywer or offering legal advice!)      ;)
IcemageJT
11/23/09
IcemageJT
That was actually my post that you quoted, and I'm very familiar with the thread in question regarding GoDigital Media.

I wouldn't say that GoDigital necessarily backs down on any claim; only that they did so in that instance because they were clearly in the wrong.

That said, it very well may be that they have once again attempted something similar.  If you are certain that the audio and video content of your video are wholly owned by yourself, then contacting a copyright lawyer would be a good idea.

What makes me really wonder is if they're just randomly flagging videos to generate free income, in the hope that people simply do not know enough about the process to fight it (likely).  If that's the case, then they deserve any and all pain directed towards them.
WildIndieMovies
11/24/09
WildIndieMovies
IcemageJT.. I just quoted you on another message. The more of this that goes around, the more Youtube will perhaps listen.

I came to the same conclusion as Icemage regarding the lack of a take down notice. That it comes across as an advertising scam that Youtube is allowing ... it allows GoDig to claim advertising revenue on property that isn't theirs. If someone breached my copyright for an image or some of our original music I would order a take down notice in a second. Can't think of a reason not too.
It smacks of random picks for videos and hoping nobody gives a hoot because they are not being told to take down the video. The people that seem to have instantly clocked this seem to be iMovie users etc who know that they are ok to use the music freely. In the mean time Youtube's inaction is allowing GoDigital Media to coin in the advert revenue. Youtube aren't policing it in anyway at the moment that we can see.

IcemageJT... Thanks for the DMCA link on the other thread. Nice info.
WildIndieMovies
11/24/09
WildIndieMovies
To add an edit to the last message.

Now this is also an interesting read.

http://www.techdirt.com/articles/20091028/0306106704.shtml

Perhaps there is a reason for GoDigital Media Group doing this that we don't know ie the upload of a catalogue of music into the new ID system that contains some music in the various software that people own. However, the music we seem to be using is licensed in the software that we bought. Apple say (for Logic Express) that the music loops can be used freely and professionally and only in high profile campaigns is it necessary to check. So copyright claims shouldn't happen?

IcemageJT
11/24/09
IcemageJT
I found some more information for those who are operating with iMovie and are having issues with GoDigital.

A bit of searching around on the net discovers this verbiage in the iLife software suite from Apple (of which iMovie is a component of):


Note section 2C, which explicitly states:

"You may use the Apple and third party audio content ("Audio Content"), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original soundtracks for your video and audio projects.  You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individial samples, sound sets, or audio content may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound files, sound effects or music beds."

GoDigital is clearly in the wrong in this instance, as they neither own the audio copyright, nor are the users in question even violating any copyright licensing at all.
WildIndieMovies
11/24/09
WildIndieMovies
To be honest, I'm not sure GoDigital is completely to blame. It may be that YouTubes new ID content matching software, which people upload catalogues too, is doing this automatically because someone has uploaded things that are in these pieces of software. Or it maybe a deliberate thing... we don't know.... the lack of clarity of what is going on is caused by YouTube not providing an answer.

Clearly, it is unfair for YouTube to allow monetisation of videos produced in accordance with correct copyright by someone who didn't produce it... but I'm wondering if it's just a bit of a screw up they need to sort out in an automated system. It would be nice to hear from them.

I'm all in favour of copyright control but it seems if this is an automated screw up... it's a pretty bad one. Accusing people of copyright infringements incorrectly is not on and worthy of "automated" apologies?

I would suggest the best course of action.. keep doing the disputes and expalining what is going on.. keep adding content to the forums. GoDigital may simply be an automated partner here too (ie. the catalogue belongs to one of their artists).

Youtube... please explain? The copyright notices are obviously in error!
12/4/09
Original Poster
LoriM

All statements made by me in any content here, or regarding this thread are my express opinion, and my right to FREEDOM OF SPEECH and EXPRESSION.

Another individual, EXANIER started a similar thread called "How do we defeat this false copyright infringement claim from GoDigital Media Group?" GO DIGITAL MEDIA RESPONDED THERE. This is his link: http://www.google.com/support/forum/p/youtube/thread?tid=72105c743363fdeb&hl=en&fid=72105c743363fdeb000479dcd130a467

He provided some great videos on this copyright subject.


Thank you all for your replies.  TO DATE:  I RECEIVED ANOTHER VIDEO COPYRIGHT CLAIM! Again, all my Audio comes from my APPLE computers audio content in which I am sole owner. THIS IS THE EMAIL I RECEIVED. I DID NOT GET AN EMAIL FOR THE OTHER CLAIM:

NOVEMBER 25, 2009 "Your video, ... MAY have content that is owned or licensed by GoDigital Media Group." No action is required on your part; however, if you are interested in learning how this affects your video, please visit the content ID Matches section of your account for more information." Sincerely, - The YouTube Team

______________________________________________________________________________________

ON MY CHANNEL THE YOUTUBE COPYRIGHT INFO STATEMENT states that"  "Your video,_____name withdrawn), MAY include content that is owned or licensed by Content owner GODIGITALMEDIAGROUP TYPE: AUDIO CONTENT. What should I do? No action is required on your part. Your video is still available worldwide. In some cases ads may appear next to your video. What can I do about my video's status?"

______________________________________________________________________________________REALLY YOUTUBE!!!

The YOUTUBE team leaves no phone number.  They provide a counterclaim form. On Youtube's counterclaim web form they do not give an option to change the statement. In order to submit a counterclaim, Youtube forces the individual to copy and paste their statement to the form in order to submit. I attempted to change the wording on my statement to: FALSE COPYRIGHT CLAIM, NOT DISABLED, HOWEVER ADVERTISING WITHOUT MY PERMISSION HAS ENSUED. AFTER I submitted my change in my counter claim the original statement defaulted back. 

This is what it says:  YOUTUBES COUNTERCLAIM FORM: "Statement of Good Faith- Type the following statement into the box above- I have a good faith belief that the material was disabled as a result of a mistake or misidentification, and that I am not intentionally abusing this dispute process. "

Does YOUTUBE then get to ignore my counterclaim submittal since my video was not taken down? After submitting the YOUTUBES COUNTERCLAIM FORM there is no indication as to a time frame which, if ever, the issue is resolved. SO advertising can continue indefinitely! YOUTUBE does provide a form if you have a legal issue, however after you go through the prompts, it is reserved for people making defamation claims only. 

Federal regulations state that fines and penalties can occur if a video is taken down due to a false claim. Youtube states "Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers."

IS THIS THE LOOPHOLE?? By not disabling my video, further action is not required and everyone makes money, except me, the innocent channel owner? WHAT ABOUT THE ACCUSERS YOUTUBE????

The audio copyright claim on my video, and advertising on my channel ensued just like Youtube stated when it said "advertising MAY appear on your site"! WOW!!!!!! When a TAKEDOWN NOTICE COUNTERCLAIM is filed the Federal government gets involved under sect 512, however,  I can't file a TAKEDOWN NOTICE COUNTER CLAIM because I was not issued a take down notice. My assumed guilt permits Youtube to allow its customers the liberty of  advertising on my channel.  How much money is passing hands? My site times how many others who do not know what their rights are, or how to pursue, or don't have time??? I will be contacting the attorney general, and I strongly urge all affected to group together and do the same. I don't have the the time, or knowledge, buy hey youtube, I AM LEARNING AND I INTEND ON FIGHTING BACK!

YOUTUBES CONTENT ID MATCH PROGRAM BELOW looks great for the company or individual who wants to protect his/her work, however there is no protection for individuals like myself. YOUTUBE admits that it's software program is not flawless which is why it states that  your video MAY include content that is owned. Because YOUTUBE cannot guarantee that their software is flawless, they should have no right to then advertise until an investigation following a counterclaim is finalized. This is a money making scheme in my opinion, and should not be allowed. Much time will pass while the monetary awards pile in. The way the system is set up, in my opinion assumes the accused party of wrong doing, and leaves it difficult for individuals like me to resolve. 

Youtube advertises to companies to sign up for the CONTENT ID MATCH PROGRAM below. Solid proof that is not required on ones channel regarding these ID matches, difficult  recourse for channel owners like myself  makes this system an invitation for abuse. Did  GODIGITALMEDIA GROUP make the error,  OR YOUTUBE, or the software developer of the content ID Program?   Exanier posted some interesting videos regarding this on his thread. I am hoping he will post again here as well.

Youtube states that advertising revenue (in other words) may result ,so why rock the boat when money is at stake?? Afterall, how many people will really challenge their system. HMMMM. I am thinking of making a video on the subject with instructions for all, including the attorney generals address and contact information. It can be done. 

 ______________________________________________________________________________________

Content Identification Signup http://www.youtube.com/content_id_signup

http://www.youtube.com/t/contentid

Some, not all of Youtubes selling features are in a section called "What are Audio and Video ID? some statements are:

"Identify user uploaded videos compromised entirely OR partially of their content, and..... Choose, in advance, what they want to happen when those videos are found. Make money from them. Get stats from them. Or block them from youtube altogether. It's up to you. "Our technology automatically identifies your content and applies preferred policy: monetize, track, or block. Why use audio ID and Video ID? Make money, hundreds of media companies have signed up already, multiplying their inventory of monetizable videos. ...See how your videos are performing, monetizing, being blocked----at a a glance.... If this program sounds like something for you, tell us more about yourself on our CONTENT ID SIGNUP."


So YouTUBE is in the business of capitalizing on copyright infringements, and opening the door to fraud. IN MY OPINION!


so

"YouTube's state-of-the-art technologies let rights owners:

  • Identify user-uploaded videos comprised entirely OR partially of their content, and ..........Choose, in advance, what they want to happen when those videos are found. Make money from them. Get stats on them. Or block them from YouTube altogether. It's up to you."


........."Our technology automatically identifies your content and applies your preferred policy: monetize, track, or block.

Why use Audio ID and Video ID?

  • Make Money. Hundreds of media companies have signed up already, multiplying their inventory of monetizeable videos.
  • Fan Interaction. Turn your fans into marketers and distributors of your content—while letting them interact with their favorite content.
  • Reduce Infringement. Educate your fans about your copyright preferences and prevent your content from being distributed on YouTube without your permission.
  • Fully Automated. Once you're set up, Audio ID and Video ID identify, claim, and apply policies to YouTube videos for you.
  • Market Data. Access snapshots of your content profile on YouTube, anytime. See how your videos are performing, monetizing, being blocked—at a glance."""

If this program sounds like something for you, tell us more about yourself on our Content ID signup.

_____________________________________________________________


JDoors
12/21/09
JDoors
Depends on how you look at it, I guess. What I see is that the owners of the content you used, remember, without their permission, liked your work SO much, they chose not to disable it but, instead, believing your work was quite good, they would prefer people continue to enjoy it, and, since it's based partly on their work, chose to place the ad in there.
 
Yes, you could look at it as they profit from their work, fine, but you don't get to profit from yours. Well, you posted it on a site that you knew would display it for free. They're not taking something away from you that you would have gotten otherwise. They're just getting paid for the work they contributed to yours.
22 MORE
stuartindigo
2/20/10
stuartindigo
You can contact Go Digital directly via http://www.godigitalmg.com/contact.php - I'm repeating this from above, as it wasn't a clear direct hyperlink. Go Digital seem to be claiming alot of stuff to which they do not have the rights - should not their right to use the content ID system be investigated.


Were these replies helpful?
How can we improve them?
 
This question is locked and replying has been disabled. Still have questions? Ask the Help Community.

Badges

Some community members might have badges that indicate their identity or level of participation in a community.

 
Expert - Google Employee — Googler guides and community managers
 
Expert - Community Specialist — Google partners who share their expertise
 
Expert - Gold — Trusted members who are knowledgeable and active contributors
 
Expert - Platinum — Seasoned members who contribute beyond providing help through mentoring, creating content, and more
 
Expert - Alumni — Past members who are no longer active, but were previously recognized for their helpfulness
 
Expert - Silver — New members who are developing their product knowledge
Community content may not be verified or up-to-date. Learn more.

Levels

Member levels indicate a user's level of participation in a forum. The greater the participation, the higher the level. Everyone starts at level 1 and can rise to level 10. These activities can increase your level in a forum:

  • Post an answer.
  • Having your answer selected as the best answer.
  • Having your post rated as helpful.
  • Vote up a post.
  • Correctly mark a topic or post as abuse.

Having a post marked and removed as abuse will slow a user's advance in levels.

View profile in forum?

To view this member's profile, you need to leave the current Help page.

Report abuse in forum?

This comment originated in the Google Product Forum. To report abuse, you need to leave the current Help page.

Reply in forum?

This comment originated in the Google Product Forum. To reply, you need to leave the current Help page.