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.
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 
I hope so and Envato will help to resolve the problem, otherwise, I have to look for a good lawyer.
But yes, of course, I understand Envato, they are not a copyright owner and I have to solve my problems myself…