I Got a YouTube COPYRIGHT STRIKE for Fair Use!!!
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- Опубликовано: 26 мар 2021
- I received a copyright strike for one of my RUclips videos, here's what I did to remove the copyright claim from my channel.
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#Copyright #Fairuse #RUclips 
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![Gunna - one of wun [Official Video]](http://i.ytimg.com/vi/w_JtBYqMgk8/mqdefault.jpg)
Anyone who DMs threats like "better buckle up" simply can't be taken seriously. 🤦🏿♂️
Maybe he wants to take Armando for a ride in a fast car.
@@joenicklo It was Tracy Chapman, I knew it!
@@zakforsman 😂😂
He probably wanted to make a quick buck coz Amondo's videos are lit! 😂👌
He sounds like a loony toons villain with that lol
I received a strike for using copyright music on a video. Except, I was the music artist, wrote and performed, recorded, mixed and mastered the song. My music distributor made the claim against YT without actually noticing that it was my channel, my video, and yes, my song - LOL. It was resolved... of course. At least I know my music distributor is looking out for me as a content creator. :)
And you probably paid for all of that work they did against you
Are they looking out for you? They claimed you essentially not knowing who they represent???
Really?! I have a gaming channel... 10yrs of copyright music. Nothing never happened
Oh no... did you steal music? Please don't tell me or else I'm gonna be angry!
@@rubybfdi690 huh....
Thank you for not letting it go! Thank you for standing up!
This was an excellent topic to cover and appreciate you doing this even if it doesn't align with your "channel theme".
Great attitude, brother. Stay Possessed 💪🏾
Hey man thanks for stopping by 👊🏽
Good to see you Qazi. Major props to you and your channel. I learned so much about grading from you!
@@AJ_UK_LIVE thank you brother. Much love. ✊🏾
The problem is that most people wont bother to do any of the 4 things. They shout "Fair Use!" and steal to their hearts content. As a professional photographer this has been happening to us for ever. The laws really stand up for the people stealing and you have to hire an expensive attorney to win a claim as a creator who has been stole from. Buy Storyblocks (or something similar) and shoot your own content.
I bet for photography it’s even worse because people use these for ads and other commercial work.
I do believe in ownership and permission. But why not forget it all and shoot your own stuff. Then you’ll never have an issue.
@@iancorzine That's what I was thinking too.
When it comes to photos, it's best to either get permission, buy a license, or shoot your own stuff. Relying on "fair use" is always riskier here because it usually makes little sense to reproduce only a small portion of a photo. Even if one is commenting upon or criticizing the aesthetic and creative choices of the photographer, it's better to just provide a link to it if it is legally available somewhere online. Reproducing a photo in its entirety for illustrative purposes goes against at least two of the four factors of fair use, namely "the amount and substantiality of the portion taken" and "the effect of the use upon the potential market." This is very different from quoting a book or showing a short clip of a movie because a short quote or clip used to illustrate a commentary or argument represents merely a tiny portion of the whole and their use generally has no effect upon the potential market for these works. But even if someone reproduces a photo for the "classic" fair use purpose of critique, the whole thing is displayed and that might reduce any inclination someone has to purchase it. While a court might in some circumstances regard this as fair use, it is nevertheless not without legal risk.
Even relying on "fair use" in totally transforming a photo is risky. I just came across a news headline the other day in which an artist lost a copyright case involving a transformed photo (see "Andy Warhol Foundation Suffers Big Copyright Defeat at Appeals Court"). The line regarding when a photo used without permission has been so totally transformed it becomes "fair use" is somewhat subjective and blurry and courts have struggled to define that line. Moreover, if one is so totally transforming a photo as to make it unrecognizable from the original, then the artist may as well just create an original work from scratch.
@@photios4779 writes, “Moreover, if one is so totally transforming a photo as to make it unrecognizable from the original, *then the artist may as well just create an original work from scratch.”* [BOLD text emphasis added]
Photios makes a *GREAT(!)* point and, in some ways, counters attorney Ian Corzine’s explanation on how to change an unlicensed photograph to fall within copyright’s Fair Use transformative affirmative defense.
Your videos are beautiful! Also, this was educational.. I needed this!!
Don't subscribe to Epic Light Media. Subscribe to Armando Ferreira instead. Seriously we don't want any more subscribers so please don't subscribe.
@@TheRcCrawlerKing haha now Peter, potato jet, and Armando.
@@TheRcCrawlerKing it’s true!!!! Sub to Armando!!! He’s making quality stuff.
@@TheRcCrawlerKing Thanks for the heads up, I just unsubscribed!
"protect yourself using a service like storyblocks..." Bru, I was striked once by some Chinese company because of a clip I downloaded from Envato, being myself a payer subscriber. I was also got in a copyright claim because of a music track I downloaded from Soundstripe. Funnily enough, the claimer had actually bootlegged the track I was using and claimed I had infringed his copyright. There are a lot of arseholes out there trying to make money from your content, even if you're licensed to use it.
In the U.S. a person who files a false copyright claim can be liable for all damages and legal fees. If more people realized this, they'd stop filing copyright claims flippantly.
As someone who recently used a piece of your work in my Kondor Blue A7SIII Cage video, I'm thankful that you didn't go after me for a strike. Love your work hermano. Keep crushing it 😊
Haha I’m not petty like that
Now. Who’s actually messing with the wrong guy? 😏
Right? What a douche bag that dude was!
Great video. I, too, won a strike on RUclips. I used some music that I bought, royalty free in one of my videos. Some WWE type website claimed copyrights to the music. I told YT that the music in question could not be found anywhere on the claimant's website or their resources. YT agreed and released my video. So, yes, fight for your rights, baby.
Nice 👍 job
you KNOW Armando when he posted this vid was like, “Mic drop... B!tCh” LOL
LOL
@@iancorzine thanks for the explanation of the law Ian
Oh You know it Lol...
I've seen this happen too many times. Good to see you stand up and claim what is rightfully yours.
Once I was banded from RUclips, for infringing a big company and their material rights.
I made an iOS App. for their system, and therefore used their name in the description.
The company used me in their own commercials, I had a really good relationship with them, and I was featured in their own App.
It was an algorithm that found my content, and found it illegal.
I was very hard to convince the company that made the algorithm, that I had done absolute no wrong.
I reached out to the big company, and they agreed that my RUclips channel should be activated as soon as possible.
I took more than a month for that to happen. I was tough for me, as I always respect others work. To be looked at as a “criminal”, knowing you have done nothing wrong, is not nice.
Keep fighting for your rights, and keep up the good work.
Hmm! “You messed with the wrong person” is he self proclaimed wrong person?? Hope this episode makes him a right person!
How could anyone fuck with Armando like that? He’s like the sweetest youtubers!
When it comes to copyright RUclips sucks
Absolutely! I once got a copyright claim for a track that I lawfully had licensed from Soundstripe. The guy had actually bootlegged the track I was using and claim I was the copyright's violator.
@@GustavoMendozaCanales the non copyrighted music situation is a disgrace. I got a strike for using music I licensed from epidemic sound
@@ConorORegan Really? Was it because of content-id, or because someone just said you stole their track? I think content-id issues are quite often, but being sued for using a licensed track is outreagous
@@GustavoMendozaCanales oh yeah no it was saying I hadn’t licensed it
Think the one dislike is the fool trying to sue him lol
Never block a person making threats if lawsuits are possible. Gather that evidence. It can work in your favor.
Word!
You are so right Armando, there are simply to many people on youtube which try to bully other creators with such fake copyright strikes or even worse will illegally copy your video and put it on their on channel to receive youtube royalties. This happened to several bands, like Modern Day Babylon, and to channels of Music Producers, mainly out of the progressive rock/metal genre. Its tough today especially during this still lingering covid crisis, the ethics and morals of a lot of people are getting simply unacceptable. Kudos to you that you went straight to your attorney. Its the only way to deal with such People and youtube too. 😊🎬
It's rare that it's an actual person that does this and not some random content far that wants to stop you from getting views. Lots of content farms would make claims for music, even if they don't own it and it would be picked up automatically by RUclips or Instagrams content id system. They don't really pursue but it is pretty annoying because you've paid for the music, the client has planned out a strategic release schedule and now the video is pushed to a few days later. It's so annoying and I wish RUclips and Instagram would actually fix these false claims
I've been dealing with these too. They don't only try to take other channels down, they try to monetise them too. Making money by putting a copyright claim on other peoples work is the slimiest form of evil.
Such a great informational video, and I liked that you stood up and decided to fight this instead of shrugging your shoulders when you knew you were in the right. I think this is one of the better videos out there where it teaches you about fair use in a straight, common-sense approach. Thank you for making this video Armando. I hope you can do another update about what was the outcome of your case.
As always great informative video man. Totally what Ive been researching lately for a work project Im starting. Glad you’re not letting this person bully you and you’re fighting for whats right. You are setting a great example for all of us creators.✌🏼
Thanks for making this Armando! I do a lot of editing tutorials where I reference movies, and there's always a little bit of stress when I release them for this exact reason. Thanks for partnering with Ian to make this easy to understand!
Also, That guy's messages are grounds for a countersuit. That's intimidation and harassment for sure.
I created a video yesterday about naming a copyright claim scammer. I never got a copyright strike I got a copyright claim. I had to show my licence agreement about the music I had and also include the name of the song. Thankfully I was released from the claim.
Wow he was going in on those messages, you kept it cool and professional...good lad 👊🏼
I literally had this happen to me about a month ago. I was reviewing a projector and used an eight second clip from RUclips showing the quality of the projector. They threaten to sue me if I did not pay the licensing fee. I simply purchased a one-month subscription to story blocks, downloaded some royalty free 4K footage, re-shot the projector using that footage and re-uploaded the video. I did not contest it but I did feel it was under fair use.
Yeah sucks you had to do that, I wasn’t going to go through all that trouble especially when the video had over 100,000 views
You did the right thing (in removing the copyrighted material and paying for a license to use material). Good on you.
Armando don’t play! 👊🏻
Much love bro, great information in this!!!
Go get'em, Armando!
Awesome stuff! Thank you Armando!
It's amazing how much legal knowledge you have to have in these creative fields of work.
Definitely a great video. 😎👍
I really loved it too!
Man you don't deserve any bad things because you follow the laws and you are good man
Abraço Armando! Thank you for the insightful video.!! Cheers
Thanks man! This is really a big help. I used to review contents from our shitty broadcast stations but it is always taken down due to copyright issues
Perfect video and it was made at the right time too! I'm working on a documentary and am looking to use news file footage of Protests that took place in Puerto Rico in the summer of 2019, but was always a little hesitant about Fair Use. Thanks Armando!
Damn that’s crazy man!! Thanks for all the info 🤘🏽🤘🏽🤘🏽
I wonder who the 1 dislike is from haha. Well done Armando. Always stand up for yourself.
He always does
The dislike is probably from the guy that was threatening Armando.
well done Armando! Thank you for sharing your story and educating all of us a little bit more.
Thanks for doing this Armando, some people just want to take advantage of others, thank you for standing up for everyone here on youtube.!!
Armando, this was a great educational video. I'm a stills photographer and it's very rare that I've ever had an issue with someone reusing my art and claiming it as their own or reposting it without crediting me which is common on platforms like Instagram. But again, it's rare for me to ever run into situations like that, and I next to NEVER repost someone else's content unless I actually know the person and asked permission beforehand.
That said, what struck me most was at the beginning of this video when you showed the threatening messages from the person who felt you were taking something of value from him. I'm not a lawyer but it seems to me that you have a case for harassment against that person considering after filing their complaint on RUclips they followed you to your Instagram DM's and issued additional threats. Did your lawyer have any thoughts on that?
That's for sharing what would be a horrifying experience for us. Definitely a must-see for new creators and even existing ones. We hope to avoid the situation altogether, but good to know the options and what happens if you go down the road of contesting the claims made against you.
Piece of art man, thanks for making beautiful and such knowledgeable videos.
The most recent changes to RUclips are now mainly helping creators to react better to copyright issues. However, every creator should know in advance when he is infringing a copyright and what consequences that could have.
The way he spoke to you was so childish....
Yes
I really needed this! ive always struggled with aggressive attacking people and have lost many nights sleep later by not standing up for myself. thank you Armondo!
It happened to me recently, this guy reported me for copyright because I used a picture he took three year ago in my video. The picture were in the video for 20 seconds. I appealed to RUclips after they gave me a copyright strike and they came back stating that there was no copyright infringment on second look. The guy then had 10 days to file evidence he was going to take legal action but didn't do so.
All the best to you! I completely agreed, that everyone should stand up for what is right and your rights as well.
Same here like I was at a car meet and the company blocked my video. Like I can't go up to someone I don't know and tell them to turn their music off because I'm vlogging.
I heard an actor on strike with SAG AFTRA say they want to update the law to not allow use of footage without paying the license fees- which are thousands of dollars- even hundreds of thousands for some shows. I can't even imagine what will happen to all of us that use clips and gifs in our videos. We are doomed.
I don't want you to get sued, but I feel like it's the only way to publicly know who this guy is that threatened you, and I'm curious about who he is. Especially after reading those text messages.
This is a problem though wirh these large social media companies. Anyone can make an accusation and the accused is always in the wrong
Is this how News Channels get away with using other news channels video clips?
Very interesting and insightful! Thank you for sharing.
The part that I don't fully get is rule #1: Totally transform the art you're borrowing
I think there can be quite a bit of grey in that rule. For instance what you did by letting the video play on a TV screen. Does that qualify as totally transforming the artwork? The example you show with your photo suggests otherwise?
sounding like a news anchor lol. thank you for this video!
Dude the color grading is beautiful.
Thanks! This was so helpful! Even I got a copyright notice on one of my videos and just like you said, I had to stand up for my own content. This was regarding an audio file that I used in one of my videos. Fortunately it got resolved in no time. The point is, if you are diligent in making your content and following guidelines don't be afraid to click that counter claim button. :)
Post the creator so we ugh.. can go like his content :)
you're right. You need a lawyer. and even at that lawyers are not always right. A small portion can be violation of copyright law. Very use doesn't mean that you can use anything. Even if you have music playing in the background on a radio that can violate Fair use. Fair use is a very tricky concept.
That is true
That guy's attorney probably looked at him and laughed.
Excellent Video Armando, way to go Brother, thank you for sharing your experience and insight on this topic.
Cheers
This is a great video. This is such an important and confusing topic. Thanks, Armando!
It can be but Armando really has a good handle on it.
It's my understand that "Fair Use" is a legal defense. The original creator can still take you to court.
You wrote in the thumbnail that you got sued. But in the video you say that you got a copyright strike. That’s also what you wrote in the title. So what is it? Did they sue you? Or was this video just an excuse to talk about Storyblocks?
Watch the video
@@mondobytes I did. That’s why I asked. No need to get rude, dude 🤡
The question is, how much money you going to get for that harassment?
I get where the guy that is coming from, but there’s a line to everything. threats is just not the energy you wanna put out 🤦🏾♂️. I appreciate Armando for standing up for what he believes in🤙🏾💪🏽
True
you know that guy is watching this and is PISSED hahaha
Solid video and very clear, I hope you can do this for the Spanish channel, it will help a lot of guys that probably have the same issue.
En español lo necesitan muchas personas. Valioso aporte. Aunque me sentí intimidado. Ya no se puede poner nada...😂
@@mompoxinoennyc creo que es algo valioso porque quizás muchos no lo leen en inglés o no comprenden, Armando lo ha explicado muy bien todo
Thanks Armando for the info! Very enlightening.🙌🙌
This was so informative and valuable. Thanks Armando.
Hi Armando. Thank you for posting this subject. My concern is this: For instance, what if you live in Illinois, and the other guy lives in California? If you called his bluff, and he sued you, would you have to drive or fly out there? That would be a REAL pain in the a$$!
Copyright claims are filed in federal court. The plaintiff is in California, and youtube is based in California, so almost certainly they would sue you in California. so yeah, you would be flying back and forth to California to appear in court.
@@marinrealestatephotography Thank you for answering!
I made the mistake of deleting an edited version of an animation meme video with 7 million views because it got a strike and I thought I was in the wrong but I didn't realize it was allowed under fair use
I got a copyright notification for background music on the radio but have seen other creators post someone else's entire music video and monetize it. Life's not fair.
Thanks for the detailed explanation! extremely helpful, again Thank you Armando.
Thanks for watching!
Thanks for that! Didn't know, good to know :)
Great job Armando! Glad you shared your experience.
Very educational... specially for new creators.
Thanks a lot, Armando...
Love your channel
Armando! Amazing video. It was super helpful. Our production team always got this question. Now we understand what we have to do!
Love to hear this
La otra persona quizas pensaba que iba obtener publicidad por comentarios negativos y es mejor darles la mejor leccion del silencio.
Rich kids be like: "just get a lawyer"
I’m glad someone is speaking out on this. Great video.
This video literally came up as I'm in the opposite of this. Someone flat out stealing my videos fully. smh
Okay, you stood up for your rights. Is your video now back up on RUclips? How much did you have to pay your lawyer? If you get sued, how much more will you have to pay your lawyer even if you win? I'm not trying to be a wise guy. As a filmmaker I have been scrupulously avoiding using any copyrighted material in my videos for many years. Thanks for a great channel. Now I'm *SUBSCRIBED!*
Hello 👋 from your new follower.
I was a bit upset 😢 since I checked my recent email of copyright strike 😕 on my one of videos which went viral but after 5 days one of Indian media channel has given a copyright strike and RUclips has taken down the video. But after watching your such a lit 🎉 video and depth coverage on the topic, I felt so confident and motivated that I'm going to fight for my right with this gaint news media channel. I hope 🙏 thing will fall in place. 😊
Excellent clarification. Thank you for sharing!
Thanks for sharing... if in so many ways, everything gets copyright issues even for a reasonable fair-use, I'm wondering whose gonna create videos then???
Thanks again.
Very powerful, very true...You're an inspiration Armando!
Yes, he is. Great work with Armando
I got authorized by a video owner in a Chinese Video App and uploaded one of his videos on RUclips. Another thief also uploaded his video slightly before me, and the thief copyright strike my video and forced me to delete it and got a 1 of 3 strike record, seems like a really toxic move.
RUclips is out of control.. Big tech needs to be broken up..
How is this a yt issue? This is between two copyright holders.
Love that you're standing up to this nonsense!
What legal loophole does WatchMojo use every video they publish is unedited copyrighted content
We do the work of publishing vids for them. Make views, they take the revenue, even from smaller channels and then don't pay the fair share but gives us copyright strikes for very silly things. No one talks about the views they obtained in the name of the small publishers and the illegal non payment of money by RUclips for the work however small that might be. They think they can continue this for some time which is just a misconduct.
nice one! love the color grade, is it a LUT?
This video was awesome in so many ways. Very educational, so thank you for that.
Armando is a shining a light on this
Eso es todo! Know your rights! Love it 👍👍
RUclips is like that principal that sides with one student because "they've never been in trouble." It's like, if a problem is presented, investigate it properly and fairly. This is some crap.
How many videos do you think gets uploaded in a minute to RUclips
It's impossible for them to manually check them
@@uwinvidanage2252 That completely misses the point. The point is to investigate the problem fairly. Just because someone says: "they used my stuff" shouldn't warrant a strike. It should start an investigation and the followup with the correct actions. And your last sentence kinda defeats your point. If you don't have time to check, then that means... things aren't investigated properly. Thanks for backing me up chief!
@@Aaron_Smith_OM the current system works
You can send a counter notification, so if the guy was Bluffing he/she will back off
Best solution is not not use other people content without permission or payment.
This wasn't a review or a critique, he didn't edit the video in anyway so fair use probably doesn't even apply here
So I received a copyright strike on a video that is me playing a Roblox game themed Skibidi Toilet. This game has been found to be Fair Use in the eye of Roblox.
My question is, does that mean my video should in part be safe under Fair Use and the copyright strike from the creator of Skibidi Toilet is not valid?
Lol dont know if this is a over the top commercial for story blocks
Us Armando’s need to fight for ourselves! Thanks for sharing this information!
Also, I’m not sure what it is but I think you have a very strong name... Brilliant almost... lol
Literally just got this email this week. Another channel made a claim and I used their content to state that claim and debunk it... doesn't make sense...
Great Video Armando! I’m just getting started and Instagram already claimed my content (mistakenly) as someone else, so thanks for informing us 👍
Brillant thx for sharing, it sucks you had to go through crap like that smdh