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1. YouTube Refuses to Honor DMCA Counter-Notices (Other/Articles)

... taking down the video, YouTube must restore the video within 14 business days of receiving a counter-notice, unless it first receives notice that the copyright holder, “has filed an action seeking a court ...

2. YouTube's New Content ID Appeals Process: Not as Useful as You Might Think (Other/Articles)

... not all, of their videos. When a claim is reinstated and the option to appeal exists, the Content ID match screen should look like this (courtesy of the user "markimatang" in this YouTube help thread): ...

3. Does Content ID abuse infringe copyright? (Other/Articles)

... in the media, YouTube may itself be secondarily liable for inducing copyright infringement. All of this is completely theoretical of course, and is unlikely ever to be tested in court. But it's definitely ...

4. SOPA, Private Copyright Enforcement Systems, & Free Speech (Other/Articles)

...  right to infringe someone’s copyright.” Or “copyright and free speech do not conflict.” Leaving aside the obvious fact that the Supreme Court has repeatedly stated that there IS in fact a first amendment ...

5. YouTube Copyfraud & Abuse of the Content ID System (Other/Articles)

... set by the DMCA--that any dispute process should end with the disputed speech still online. Only a lawsuit and a resulting court order should be allowed to permanently keep content offline. ...

6. Open Letter to YouTube Regarding Content ID (Other/Articles)

... claimant should have to get a court order to permanently enjoin the video. Once again, this is the way YouTube *publicly claims* the system works, but not how it is done in practice. I have been trying ...

7. Book Review: "Reclaiming Fair Use" by Patricia Aufderheide and Peter Jaszi (Other/Articles)

... or purpose rather than merely superseding the original, courts today are much more likely to find fair use, even if the new use could conceivably compete with some market for licensing the original material. ...

8. New Copyright Rules Allow DRM Circumvention for Remix Videos (Other/Articles)

... exactly a court would decide when exactly that is, I have no idea. At least in my opinion as someone who makes these kinds of remix videos, I can’t imagine a situation where I would be satisfied with ...

9. Is my parody of another's copyrighted work protected fair use? (FAQs/FAQ Articles)

...  Campbell v. Acuff-Rose Music, 510 US 569 (1994). Courts have held that the fair use defense can protect a parody of a copyrighted work from an infringement claim. However, that does not necessarily ...

10. What types of uses does the fair use doctrine protect? (FAQs/FAQ Articles)

...  falls within the listed categories will necessarily be found by a court to be fair. For example, not every use of another's work for research or educational purposes will be held to be a fair use.  ...

11. Disputing Copyright Notifications (Guides/Guide to YouTube Removals (Updated Nov 2012))

... district court. Make sure to provide a justification for why you believe your video is fair use in the "message to YouTube" box. If you do not provide YouTube with a justification stating why you are ...

12. Deciding if Video is Fair Use (Guides/Guide to YouTube Removals (Updated Nov 2012))

... on a case-by-case judgment of the facts. Fair use is codified at Section 107 of the Copyright Act, which gives a non-exclusive set of four factors courts will consider in deciding whether a use is ...

13. My Experiences with the DMCA on YouTube (Other/Articles)

... number, and email address, and the username of your YouTube account. Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address ...

14. It Pays to Know your Rights under Copyright Law (Other/Articles)

... and has even offered to defend those who do in court if necessary. The reason for my video’s sudden increase in popularity? I did precisely that. Somtime between the last week of December and the ...

15. About This Site ('Uncategorised Content')

... fee. Please note however that because I am only licensed to practice law in Colorado, I can only provide limited legal services to clients in other states and cannot litigate or file papers with any court ...

16. Home Page ('Uncategorised Content')

... site is my own personal opinion and I cannot guarantee it would be upheld in a court of law. The issues surrounding copyright infringement are highly complex, and even experienced lawyers often cannot ...

17. Determining How Your Video Was Blocked (Comments)

... fair use and then just act on your best guess. A lot of a time it is really a crap shoot whether it's fair use or not, but you are still allowed to claim fair use on YouTube, even if a court might not ...

18. Determining How Your Video Was Blocked (Comments)

... I told them their allegations remain libellous, slanderous, malicious, and defamatory, particularly without complete legal discovery, trial and court verdicts. However, YT-google and content owners continue ...

19. Deciding if Video is Fair Use (Comments)

... but it would be good to do as a courtesy. ...

20. Deciding if Video is Fair Use (Comments)

Great article. I'm still unsure how my situation falls though. I'm shooting a short film and there is a scene where my character falls asleep in a motel with the tv on. The audio from court tv then Die ...