Fri, September 15, 2006
We recently received an email from YouTube notifying us that one of our clients videos has been removed due to copyright infringement. The request was put in by a major union to have the video pulled off YouTube. Our client told us they had paid the rights to use it online, so we don't understand why they just removed it without notice.
The lesson here is that similar to MySpace, your content can be pulled without notice so beware about relying too heavily on these sites for your marketing/promotions.
You have to keep in mid that Youtube, in particular, is under heavy scrutiny for housing copyright material and is trying to protect their name by pleasing content owners. If they get a complaint about copyright infringement, it looks as though they will play on the safe side and remove the content without any notice to you. Here is a copy of the letter we received:
Dear Youtube Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by {UNION NAME PROTECTED} claiming that this material is infringing:
CLIENT NAME GOES HERE - PROTECTING CLIENT IDENTITY Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please 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 you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
YouTube, Inc.
PO Box 2053
San Mateo, CA 94401
Email: copyright@youtube.com
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.
Sincerely,
YouTube, Inc.
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