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I'm a copyright noob and I don't know what I should do about these

Discussion in 'YouTube Monetization & Copyright' started by Collision, Jul 16, 2015.

  1. Collision

    Collision New Member

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    As much as I read and learned about copyright, I've never been able to decide or know what choice should I take and how to save my rights. I have three cases of copyright notices that I care about and need help on what to do about them:


    • [Battlefield 3] The M1014 way to Colonel Service Star 100:


    This is a Battlefield 3 video which I edited the footage into a montage using this song provided by Monstercat record label before they launch Monstercat License and when I was allowed to use the song with no problem if I put the credits as you can see in the video description and as they stated in some notes on their Facebook page:
    1. Monstercat Music Licensing - YouTube Promoter Channel Policy [Screenshot]
    2. Monstercat Music Licensing - YouTube Gaming Policy [Screenshot]

    I got a copyright claim from EDM three months later after uploading the video as shown here. And now, if I check the current copyright page of the video, I find that the claimant is "License.Monstercat.com" and not EDM anymore which is their new thing started in 2015 after my video upload. [Screenshot]


    • [Battlefield 3] Justin Bieber Shot on CSI (remake) and Justin Bieber Shot on CSI (BF3 remake VS. original):



    I asked the video uploader's permission if I can do a Battlefield 3 remake video of his video and he agreed.

    Please note that the original video got deleted because his account has been terminated, you can still find it playing at the right side of this video.

    Sadly, everything was going on on the old YouTube inbox that got taken off now and my old messages were gone.

    I received a copyright claim for both videos after nearly two years of the videos upload by CBS CID saying "Audio content manually detected" and "Audiovisual content manually detected":

    1. [Screenshot]
    2. [Screenshot]
    3. [Screenshot]
    4. [Screenshot]

    The funny/strange part is that the claimant didn't mention which part was totally owned by him and if you play the video you'll notice that it is an actual editing of gathered movie/TV show clips (audiovisual) from all around the world... And I don't think anyone here agrees that CBS CID owns all of the audiovisual clips in this video.

    • [Battlefield 3] First nuke place


    This appears to be automatically done and mistaken for a video game trailer. Well this is not, the footage was recorded and edited all by me (just a normal gameplay) and I don't remember EA doing copyright claims on Battlefield videos on YouTube and I remember people monetizing them. [Screenshot]

    I find it stupid to copyright claim some of my Battlefield 3 videos in which this one is the most important.

    All help will be appreciated.
     
    Last edited: Jul 16, 2015
  2. Spunkly

    Spunkly Active Member

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    As far as monetizing goes, it's always better to contact the developers and ask them if you can monetize a specific game. They'll tell you if you can or can't. They'll also tell you if you can under certain circumstances. I've never had a problem getting a hold of them and they're always nice. If they don't respond back, then it's a safe bet that you shouldn't monetize the video. That's my two cents on it. I hope that helps even a little bit.
     
  3. Armaedus

    Armaedus Active Member

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    I'm not really sure what the issue is with the music published by Monstercat. It appears to me that they have always been very forward that if you use their music you will get a content ID match on your video (that's not a bad thing). That just means you are free to use the music, and they are free to monetize the video. According to the links you provided, it was that way before Monstercat License and is still like that after Monstercat License.

    I don't understand what the issue is. Can you clarify if I'm misunderstanding?



    As for the CBS thing. Well not much you can do there. On the Justin Bieber remake, even though its Battlefield footage, the audio is clearly CSI, and that's what CBS is claiming, just the audio. Albeit, not all the audio is theirs but a significant portion is.

    As for the side by side comparison. Same thing. CBS owns the CSI clips, not only the audio but also the visual. Again, not all of it is theirs but enough for them to say, "This belongs to us." They don't seem to have an issue with you using it as long as they can monetize it. Just because your battlefield video was a remake of someone elses video doesn't mean any of it is/was legal to begin with. CBS has always and will always own each and every second of audio and video from that episode of CSI. To use even a single second of it, YOU NEED THEIR PERMISSION. period.

    Keep in mind, CBS isn't the only one who would have a valid claim on portions of that video. There are a lot of movie studios that could easily flag their own piece of that video.



    And finally, the battlefield video. You're probably correct. It was probably misidentified as a trailer. With that said, I wouldn't have disputed that until I knew for sure. It'll probably be ok though.

    Whenever you get a content ID match like that, your best bet is to contact the claimant and ask for permission to use the content. If they say yes, dispute the claim citing that they gave you permission. Problem solved. If they say no, well you don't really have a choice. Take it down.

    Its better to ask and be told no, then it is to dispute a claim and lose. Losing a dispute is what causes bad marks on your account. And you only get a few of those before they shut you down.



    Bottom line, if you didn't create the content you are using, don't use it. If you want to avoid problems, that's the best policy.
     
    Collision likes this.
  4. Collision

    Collision New Member

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    Thanks a lot for your reply, I can admit now that I used someone's content in the Battlefield 3 remake video. But as for the rest, I'll have to do my thing to keep the monetization going for me... That's the issue for me.
     
  5. Armaedus

    Armaedus Active Member

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    Totally understandable. With the monstercat song, I think their policy is that you are free to use the song as long as they can monetize it, which prevents you from being able to monetize it. That is the current "license" that is governing that video at the moment.

    I think your best option for that is to purchase a license through Monstercat License for the song (that's option 1 on the page you linked). In that option, they specifically state that you can monetize the video at that point and avoid matches on the content ID system. Disputing content ID matches without a license will surely get you a strike against your account, they clearly state that as well further down the page.

    I know it sucks to think you have to pay money to use the content, but they have to make money somehow and if you intend to make money as well, you're gonna have to do it. But $14.99 a month to use all of their content as much as you'd like is not a bad deal.

    Good luck moving forward! I hope everything works out for you and that you get all this sorted out. I know it can be a pain sometimes.
     
  6. Ericthehysteric

    Ericthehysteric Member

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    sadly I know ea there really picky on that they give out permission normaly if you going to use something check with the devs who make this and keep them emails around and for music you need to get permission from the group doing the music and then if you got the permission you can use it to show you have rights to if not then you need to see if youtube will let you remove the copyright stuff without you getting into trouble
     
  7. PuipinM

    PuipinM Member

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    LOOK UP NCS. NCS 4 da win!
     
  8. GameOverViper

    GameOverViper Administrator Staff Member Damn Admin

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    I would recommend contacting Monstercat's support team regarding it and inform them that you are now a licensed subscriber with them and have permission to use the music on your channel. They should drop it for you.
     
  9. RozaldVane

    RozaldVane Member

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    For the Monstercat claim, I can tell it is from a false claim of someone trying to make personal financial gain and that you can back up your proof to go against the music copyright by providing information about the music. But of course, contacting the Monstercat support team, stated by Lethal (above me), is a safer and better option.

    For the second one, you can't really do anything about that claim, you have the choice to take it down because the footage on the right is actually footage from other films, music video, and/or shows (there would be lots of other claims besides CBS if CBS didn't find it first, like Universal or some other entertainment company).

    The last one, most likely contact EA about it.
     

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