In fact, I am somewhat surprised that you got three letters and haven't been suspended. They suspended me on my third "infringement", even though it would have taken them only three minutes to determine that I had the copyright holder's permission to repost his video.
If you DON't file a counternotice, then the video will not be restored, and Youtube will count this as one strike against you. Theoretically, it's three strikes and you're out, though I am not sure if Youtube always enforces this rule consistently.
If you are sued and if the guy suing you sends Youtube a notice that he is suing you, then YT will remove your video and count it as a strike against you. You will then have to defend yourself in Court--where you will rely on the Fair Use defense. It will be up to the court to decide if your use really did fall within Fair Use.
For some reason, the second part of my answer didn't post, so let me try again.
If you send back a counternotice you must sign your name swearing that the original video was removed by mistake. This would be a justifiable statement if your use fell within Fair Use. However, if the person who filed the DMCA thought your use wasn't Fair, his next step would be to sue you.
Sorry rcehoppe, I see you have 78 videos. No way to I have time to watch them.
But whether something is "legal" or not is not the point. Unfortunately, Youtube doesn't honor Fair Use... so if the copyright holder sends in a DMCA complaint to Youtube, Youtube will remove the video and count it as one strike against you, whether your use is Fair Use--and thus legal--or not. The only way to fight back would be to send Youtube a DMCA counternotice.
In fact, I am somewhat surprised that you got three letters and haven't been suspended. They suspended me on my third "infringement", even though it would have taken them only three minutes to determine that I had the copyright holder's permission to repost his video.
themaskedanalyst 3 years ago
If you DON't file a counternotice, then the video will not be restored, and Youtube will count this as one strike against you. Theoretically, it's three strikes and you're out, though I am not sure if Youtube always enforces this rule consistently.
themaskedanalyst 3 years ago
If you are sued and if the guy suing you sends Youtube a notice that he is suing you, then YT will remove your video and count it as a strike against you. You will then have to defend yourself in Court--where you will rely on the Fair Use defense. It will be up to the court to decide if your use really did fall within Fair Use.
themaskedanalyst 3 years ago
For some reason, the second part of my answer didn't post, so let me try again.
If you send back a counternotice you must sign your name swearing that the original video was removed by mistake. This would be a justifiable statement if your use fell within Fair Use. However, if the person who filed the DMCA thought your use wasn't Fair, his next step would be to sue you.
themaskedanalyst 3 years ago
Sorry rcehoppe, I see you have 78 videos. No way to I have time to watch them.
But whether something is "legal" or not is not the point. Unfortunately, Youtube doesn't honor Fair Use... so if the copyright holder sends in a DMCA complaint to Youtube, Youtube will remove the video and count it as one strike against you, whether your use is Fair Use--and thus legal--or not. The only way to fight back would be to send Youtube a DMCA counternotice.
themaskedanalyst 3 years ago
Hi there and thank you for getting back to me ^_^
I understand and WOW ((and you have to be kidding me...lol))) so as a thought what happens if i don't send back a clame ?
talk to you soon
-R.
rcehoppe 3 years ago