YouTube spits on your DMCA notices

Envato Authors Video Authors
1

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Hello creative folks!

I state with full responsibility that YouTube “spits” on your DMCA notices.

I have a terrible situation. My video on YouTube was blocked by VEVO (Sony Music Entertainment). No, not because there was their music, but because there was my own video.

More details:

Someone bought my project Real Love Story - http://videohive.net/item/real-love-story/12112764
Then, was created the music video for the singer Pedro Lima - http://www.youtube.com/watch?v=i3l0g97CXVs
Then, this video was registered by Sony Music Entertainment in the ContentID on Youtube.
Then, my video has been automatically blocked by YouTube.
I challenged the claim but it was rejected by “the copyright holder”. What?! Wait a minute… It’s my work and I am the copyright holder!

I filed an appeal but it is still was not reviewed.

Ok, I wrote a message to Pedro Lima https://www.facebook.com/pedrolimaofficial and I was contacted by a representative of the singer. They thought that they bought the copyright of my video project from videohive.net. I’ve explained them that they didn’t buy my copyright, and showed the Envato license terms. They apologized and said that they will report to VEVO about that and will notify me.

But still nothing has changed. Passed 10 days from their answer.

Well, then I decided to block them video - http://www.youtube.com/watch?v=i3l0g97CXVs and asked YouTube to remove this video from ContentID. Because their video infringes my copyright and the rights of my buyers of this project. I did not ask to remove the video, I have asked to remove the video from ContentID. I’ve added to the letter the DMCA document and one of original clips - https://onedrive.live.com/redir?resid=28F1872EC982ED78!562&authkey=!AO7C7yUf80Y-rY8&ithint=file%2Czip

So, YouTube answered me back two times following:

"Hello,

Thank you for your message. We received this content under license from Vevo.

For this reason, we will not be able to comply with your removal request. If you wish, you may further pursue the issue directly with Vevo.

Regards,
The YouTube Legal Support Team"

Great. But this is not all.

Then, I decided to send DMCA to VEVO (www.vevo.com), but their web-site does not open for me, there appears the phrase - OOPS! THIS PAGE IS CURRENTLY UNAVAILABLE IN YOUR REGION.

Thus, if a large company will steal your copyright, YouTube will act on their side. Even if you send them to a DMCA notice and your evidence.

Perhaps, someone faced a similar problem. What to be better to do in this situation? Should I prepare a lawsuit against Youtube and VEVO? Because I know that I will win, I have all the originals materials, which no one else in the world has. Or, maybe, should I ask for help from Envato?

What would you do in this situation?

Best Regards,
Alex

UPD: As I found out, 18 January, 2016 my video was blocked in another YouTube
channel of person who promoted my project by referral program of Envato.
I assume that this is not an isolated case, because many people are
posting our videos on YouTube with their referral links to promote our
projects. Thus, not only I start to incur losses now.

UPD: February 13, 2016 the music video from the channel PedroLimaVEVO was hidden for viewing.
My appeal on YouTube is still not reviewed by VEVO. Also, I’m still waiting for an official response from VEVO or Sony Music.

UPD: February 16, 2016 My video appeared in the channel PedroLimaVEVO again.
My appeal on YouTube to VEVO is not reviewed. The video still not
removed from the system ContentID.

UPD: February 18, 2016 the music video from the channel PedroLimaVEVO was hidden for viewing.
My appeal on YouTube is still not reviewed by VEVO. Also, I’m still waiting for an official response from VEVO or Sony Music.

UPD: February 24, 2016, I received the new reply from Youtube:

Hi Alexey Shamraev,
Good news! Your dispute
wasn’t reviewed within 30 days, so the copyright claim on your YouTube video
has now been released.
Video title: "Real Love
Story"
- The YouTube Team

There is still no response from VEVO or Sony Music. Perhaps this is too naive to believe that they will respond. But they have to. Because the video is still not removed from the ContentID.

Also, today I’ve uploaded the video Real Love Story to my second Youtube channel (second time) - https://www.youtube.com/channel/UCNdMslaSnHtMDjl-FFDwesw, but my video was blocked again by VEVO (SME). I filed a counter-notice . So, it is still registered in ContentID by VEVO.

UPD: February 26, 2016, In spite of my explanations in my counter-notification dated February 24, VEVO (SME) has reviewed their claim and has confirmed it was valid - https://www.youtube.com/watch?v=RX3OlQ09YgI My video was unlocked in my main YouTube channel after 30 days, but now my video was blocked again in my second YouTube channel. It still registered in ContentID by VEVO (SME) in spite of my DMCA notices to VEVO and Sony Music.

11 Likes
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Wayman i kinda dont really understand what is the whole point behind all this?

I mean they blocked the video of your template peview? Well that is bad but its not like you cant sell the template anymore, its just youtube caring about their money. By the way i think you would loose the lawsuit, because they are just imposibly much bigger and money wins. They would invent or turn everything in some other direction.

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Hi Alex, I ve just read what happened to you and I must say that it is a terrific situation for all authors.

@cyzer, the problem is that any customer that bought this template from @wayman can get blocked by VEVO!

Also, with some of the new YT rules, 1 strike is enough to disable your channel monetization. So, imagine how it would look like if a big youtuber buy a template from VH and his channel gets blocked for using it…

1 Like
4

Well, @cyzer please imagine, your buyer bought your template, he has the right to place the finished video on YouTube and wherever he wants. Then, VEVO come in on YouTube (or in other place) and says that VEVO is rights holder and blocks your video, video of your buyer and indeed all the videos of your buyers, wich was made from your template.

What will be your next actions?

5

talk with a lawyer

My opinion is that Envato should protect his authors by taking legal action especially that now is in America :imp:

3 Likes
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Sorry to hear this. Please keep us posted @Wayman , I would really like to know how this will get resolved since I have kind of similar problem only with audio…

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That was really bad, the buyers should’ve known that they can’t buy exclusive copyright at this website. Please keep us informed about this case, I’m really curious how envato could help about this. I hope this case will be resolved soon.

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Sorry to hear this @Wayman. I would contact Envato Support because if this happened to you it could happen to anyone. What the VEVO channel is claiming is incorrect, they do not own the copyright and they misunderstood the terms to the possible detriment to your business.

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That sucks. Yeah, it’s hard to get YouTube’s attention when you’re just one guy. I had a situation where I was negotiating a deal with Universal records for an artist I was producing, but the deal never went through. When I posted a video from this artist (that I totally funded btw), someone at Universal blocked me from being able to monetize it, claiming they owned the rights. Despite numerous appeals to YouTube as well as Universal, it has never been overturned.

1 Like
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100% talk to support and see what they can do.

Just to play devil’s advocate (and I really do hope there is something which can be done) I am not sure exactly what envato would be able to do as:

  • they do not own the copyright to the file and
  • state clearly in their terms and license that buyers ar eonly licensing files and at no time ‘own’ it.

While I agree with other comments here that the bug names will have strong legal representation - it still seems like if you pursued the legal route you owuld have a pretty substantial case

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Welcome to the world of YouTube’s illegal content ID system. Good luck :frowning:

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@FASSounds, @FluxVFX_templates, @StudioMonkey, @charlie4282, Thanks a lot, guys! I actually already sent a message to Mark Brodhuber @MarkBrodhuber and Filips @placdarms. It is still Sunday and perhaps, they will be available on Monday to give advice about the situation.

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Hey, Alex, don’t worry, be happy :wink: I guess Mark will assist you at his best as usual. And for sure there are some national and international copyright institutions and lawyers very interested to sue the fat majors. The key point is that it’s the Envato Inc who formulate, market and control all the license(s) here for royalty-free usage of your (our) video works so far. So it’s def their direct interest to coop with you (us) as their old exclusive user as one of the best-selling content author and defend their licensing and marketing service reputation as much and as soon as possible in such case. And it’s clearly stated by Envato in the Licences FAQ for any media content buyers: ‘the author retains ownership of the item, you shouldn’t claim copyright in the item’. So there should not be any problem, just time for a few emails between the top managers. But what a nice chance for a global promotion campaign with world news headers ‘Wayman and Envato VS Vevo and Youtube’ by the way :wink:

3 Likes
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Alex, nice template. I wish you good luck to resolve the issue with YT&Vevo.

Best Regards,
Andrey

1 Like
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Much thanks, Timur! :slight_smile: I hope so and Envato will help to resolve the problem, otherwise, I have to look for a good lawyer.
Btw, the good headline for a newspaper! :slight_smile: But I hope all will be solved peacefully.

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Sorry to hear about this Wayman. Sadly, just another example of the the big guy BEEPing on the little guy, where money talks and we have little power to respond. :frowning:

Similarly, I am also in my own legal battle regarding a YouTube standard usage license ending up on a Broadcast TV station. Envato support and their legal team are currently involved with it.

Good luck to us both :+1:

1 Like
17

Yeah, good luck to all of us!

1 Like
18

Yeah, with regards protecting our own copyright, we sure do need it! :+1:

19

that’s really sad. please keep us posted!
Good luck, guys!

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Well, I got the answer from Envato Support.

If in short: “Unfortunately we are unable to offer any legal advice.”

It sad. :pensive: But yes, of course, I understand Envato, they are not a copyright owner and I have to solve my problems myself…

1 Like