How to defend your content against predatory YouTube copyright abuse.
Recently YouTube has run rampant with false or unfair copyright claims on content creator videos. Despite the fact that the content in the videos not infringing on any copyrights, corporations who believe their copyrights may have been violated are filing copyright claims with YouTube and unfairly taking the monetization away from content creators.
YouTube is required to comply with the DMCA (Digital Millennium Copyright Act) in their copyright strike policy, meaning YouTube can avoid any liability, so long as they
If your video has been demonetized on YouTube or was improperly taken down, what can you do?
Recently, a prominent YouTuber, Angry Joe,
There are two main issues with this picture, so let’s tackle them one at a time.
While, there aren’t any solid definitions of what a transformative purpose actually is, there are guidelines and prior decisions giving a decent understanding of what falls under transformative purpose.
One of the most common instances of a transformative purpose is
YouTube and DMCA
As outlined in a
In Angry Joe’s case,
What can Content Creators do about YouTube Copyright Abuse?
Fortunately, if you find yourself in a situation similar to Angry Joe, you have options. Under the DMCA Section 512(f), users have the ability to hold copyright owners accountable if they send DMCA notices in bad faith. A Ninth Circuit case, L
But, let’s cut to the point, what does this all mean?
Essentially, if a company is using copyright take-down notices to bully you into taking down a video, even though they KNOW your work falls under fair use, you’re entitled to damages from them in a lawsuit. Courts have issues awards in false DMCA take-down claims upward of $100,000 per claim. Not only can you receive damages for the amount of revenue you lost if the video is taken down or monetized to the wrong party, but you can also look for additional punitive damages to punish the company for their bad faith actions, and even have them pay your attorney’s fees.
If any of your content has been improperly taken down off YouTube, or your monetization was taken away even though your video falls under fair use, don’t hesitate to contact us at Anathem Law. Let us get you the justice you deserve.