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For general copyright protection, initiating civil action may be the best option. However, in the context of YouTube, it is simply too costly to do so. YouTube is truly global. However, copyright law of different counties are different, and recognition and enforcement are still very limited.
Thus, the best alternative to protect copyright of one’s copyrighted material uploaded online unlawfully is to complain to the Platform that the material is uploaded to. Different platforms have different rules in relation to that.
However, most platforms follow the a set of rules that is consistent with the DMCA takedown mechanism invented by the US Congress under the Digital Millennium Copyright Act first passed in 1998.
This is because under the DMCA mechanism, the platform would not have to be hold liable for infringing copyright in the US if the platform follows the mechanism (bearing in mind that the law would hold the platform liable for copyright infringement for the act of uploading of of copyright infringing materials on to the platform but for adopting DMCA takedown mechanism.
The DMCA Takedown mechanism basically would allow for copyright owners who found that copyrighted materials owned by them being uploaded online unlawfully, to directly ask the platform by sending the platform a DMCA Takedown Form (that if platform does not delete the alledged copyright infringing content upon receipt of the DMCA Takedown, safe harbour would not apply, meaning that the copyright owner may initiate proceedings agsinst the platform for copyright infringement). On the other hand, if the alledged copyright infringing party consider that copyright is not infringed, a DMCA counter notice can be provided to stop the platform from removing the alledged copyright infringing material. The party who alledges copyright infringement would have to file a lawsuit if he still insists that the content infringes the copyright of the materials and wishes to take down the alledged copyright infringing material.
*Safe Harbour means that if the DMCA Takedown Mechnism is followed, the Platform would be absolved from any liability for copyright infringement for indirectly infringing copyright of others for the uploading of copyright infringing materials by other platform users.
YouTube Specific Rule on Copyright Protection - YouTube Content ID Claim
“If any copyright owner finds their copyright-protected content on YouTube without their authorization, they can submit a copyright removal request, also known as a “takedown notice” or simply a “takedown”. It is a legal request to remove content from YouTube due to alleged copyright infringement.
Some copyright owners use Content ID, a tool that automatically scans YouTube for copyright-protected content. When Content ID finds a match, the matching content gets a Content ID claim. What happens to the matching content depends on the copyright owner’s Content ID settings.
Depending on the copyright owner’s Content ID settings, Content ID claims can:
Keep in mind that when content is tracked or monetized, it stays viewable on YouTube with the active Content ID claim on it. Usually, copyright owners choose to track or monetize videos, not block them.”
YouTubers, nonetheless may dispute and appeal against a Content ID Claim by filling in the e-forms.
See more at: https://support.google.com/youtube/answer/6013276?hl=en
The Generator helps you generate three documents would be created upon the filling in of an online form:
(1) A DMCA Takedown Notice (to be sent to the Platform, requiring the Platform to take the copyright infringing work down);
(2) A Cease and Desist Letter (to be sent to the Platform, requiring casesation of privacy breaching activity, if applicable; and when and where Safe Harbour does not apply, requiring the Platform to cease the copyright infringing activity immediately);
(3) A Cease and Desist Letter (to be sent to the Direct Copyright Infringer, requiring the person to cease the copyright infringing activity and, if applicable, the privacy breaching activity)
You may download and use the documents in accordance with your needs. They are available in both PDF and Word form. However, you may wish download them in Word form in case you need to edit the documents further.
Privacy rights may be claimed in the Cease and Desists as well by filling in the suitable questions.
A Josef Chatbot that helps YouTubers in in filling in YouTube Content ID Claim Appeal E-Froms, in particular if your reason of appeal is fair use.
It is tedious in filling in such forms and the tool is here to help. The tool do not scan your video and analyze your video using AI technology. This tool simply helps propse some wordings for you to answer the questions on the E-Form according to the information about the use of the materials, the copyright of which are alledgely infringed, provided to the chatbot.