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2017
12.12

UPDATE
Big thanks to fans for helping me on this, I got very good information regarding my appeal of the disputes and have now sent an appeal. It’s possible those videos may get taken down and I’ll receive copyright strikes, but they will be temporary. Since there’s one more tactic they can use, I give them a 50-50 chance of accepting the appeal. The companies are in the wrong, this is a bullying tactic by the copyright holders as they’re disregarding legitimate copyright law in doing this. You can view exactly what I sent in the comments section.

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Hey everyone,

more work is being done on the videos, but in the meantime, I’m getting trouble from the BBC and a record label for videos Ross’s Game Dungeon: Potty Pigeon and Ross’s Game Dungeon: Quarantine, respectively. In both cases, they’re laying copyright claims on my videos for the following:

-In Potty Pigeon I used a small segment from the show “All Creatures Great And Small” in order to illustrate the origin of the theme music from the game.
-In Quarantine I played some of the track “The Driver Is You” by The Fauves since it was part of the soundtrack to the game and I wanted to discuss the lyrics to the song.

In both cases, this use of copyright material is 100% Fair Use. Both instances were short clips, were used for illustrative purposes to make a point about the source content, and did not detract from the commercial value of the source material. It doesn’t get clearer than this. Since receiving those claims, I’ve disputed them, however in both cases, they’ve come back reinstating their claim. My next course of action would be to appeal the rejected dispute, however I have to pause on this, because if I’m not careful I can be sued over this.

I’ve followed this guide in the past for all erroneous copyright claims made against me over the years as it contains a lot of good information:

However, this is the first time I’ve had to escalate a rejected dispute and while that would normally not be of concern to me, it just hit me that I’m living in Poland and not the USA, so trying to claim this on USA Fair Use law might get me into trouble. From Youtube’s own appeal form:

“You originally disputed the claim based on fair use. Please explain why your use of content is subject to fair use, fair dealing, or a similar exception to copyright protection under the law of your country.”

While laws are not equal for every country, if any Youtubers who have experience with this or copyright law experts in the European Union have advice on how I should proceed in order to reclaim my videos, please let me know ([email protected]). I imagine the procedure is similar as in the United States, but I need to know specifically which law applies to this, since the DMCA is only for the USA. It’s no secret what a mess Youtube’s copyright system is and how it enables companies to essentially bully video creators as the copyright holders are clearly not doing their homework on this, but I haven’t had to go through the full legal process like this before. It probably won’t be the last.

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ADHD Version: Ross has bogus copyright claims against him, but he only knows how to handle this in the USA, not Europe. He could use help with that.

COMMENTS

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