Youtube channels stealing dashcam videos

VolvoDashcam

VolvoDashcam

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Dash Cam
BlackVue DR650GW 1CH, Blackvue DR750S 2CH
Hi

There is a couple of channels out there living on stealing our videos for their own winning. Making money out of it and doesn't give s**t about copyright.
I found a channel a couple of days ago that had used one of my videos, also recognized a clip from Scotts Car Cameras and sent him a message.. He found 2 more clips from him as well.

Now I have found another clip I have seen in one of the videos I subscribe on, but I can't remember what user it is. Anyone who can recognize the clip and from what channel this is from?


I thought that we could have a thread here for this. Calling out youtube channels that takes clips from us without asking. (I always say yes if asked and if I get credit in the description.)
Also discussing what legan actions you can take against them. Most users are not from the US, and it's a bit difficult to find out what laws to apply.
 
Probably not much effective legal action, but internal complaints on youtube will eventually get the video disabled, channel banned, etc. That's probably easier.
 
I sent a "standard" copyright complaint through Youtube and got the video with my clip taken down. He is now threatening to take down my channel because of false claims. (He think he can use other youtubers video straight off under "fair use".

He also sent me Copyright Counter-Notification trying to scare me off.
He state:
"I just used 1 minute clip from your content, and creates a new message about the effect of being an idiot in the road and how instant karma is real. Fair use is a legal doctrine that says that you can reuse material under certain circumstances without getting permission from the copyright owner under Section 107 of the Copyright Act 1976, allowance is made for "fair use". . but i'll put your link in a discription and the video. I got legal advice from an expert before applying to this appeal."

Actually, he used about 3 minutes, not that it matters.

In the counter-notification, it also say that I have 10 days to send in evidence that I have taken legal actions. A bit strange that I have to file an official complaint. It will probalby do nothing since I am in Sweden with Swedish law and the one stealing clips is in Algeria! (Got his full information when he sent the Counter-Notification.)

I will check my options doing that and maybe it's just the first paperwork Youtube need.
I also wanted to spread the word that he is stealing clips.. If more users send copyright complaints he will probably get shut down. I am not after money and do not actually want to sue him (but will do the paperwork not to get the clip he stole back up) but only to stop him from making money out of mine and others work.
 
From Wikipedia..

"Fair use

Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this common law doctrine with little modification. Under section 107, the fair use of a copyrighted work is not copyright infringement, even if such use technically violates section 106. While fair use explicitly applies to use of copyrighted work for criticism, news reporting, teaching, scholarship, or research purposes, the defense is not limited to these areas. The Act gives four factors to be considered to determine whether a particular use is a fair use:

  1. the purpose and character of the use (commercial or educational, transformative or reproductive);
  2. the nature of the copyrighted work (fictional or factual, the degree of creativity);
  3. the amount and substantiality of the portion of the original work used; and
  4. the effect of the use upon the market (or potential market) for the original work.[5]
The Act was later amended to extend the fair use defense to unpublished works"

It appears he's legally not doing anything wrong if he is only using a small amount of a clip
 
He was using about 3 minutes. That's the whole part of that clip and situation. That was also the whole video I uploaded. So he used it in full length.
He is not making a review.. Or in any other way using the content to criticize or making any changes to it.
According to the fair use page on youtube and the video there, it's not even close to far use.
It was not used for criticism, news reporting, teaching, scholarship, or research purposes.

Second thing is the law... In Swedish law there isn't even a thing called fair use.
Is it only US law that applies on youtube? Since both me and the offender here is from other countries I wonder what rules appies. Seems like youtube want me to go through Swedish law systems at least.
 
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YouTube is an American company so quite possibly US law applies, but if you're certain his reasons for using your clips don't even fall into the fair use category, worth pursuing through Youtube's complaints procedure at least. I don't think any "law firm" would give a damn if he approached them crying like a child just because you had his clip pulled, so I wouldn't worry too much about his counterclaim

Who exactly is giving you 10 days?? I'd say completely ignore him for now, but keep having his clips pulled by youtube if he continues using your footage
 
the YouTube copyright/report system is very broken and very easily manipulated to the point where you'll lose against someone like this if they know how to play the system
 
There's probably some other way to deal with this.

If there were not copied videos on youtube, there'd be no youtube.

:)

The crooks can find the loopholes easier than normal people can.


If nothing else, maybe we need prominent channel marking or some other text on the videos we upload?

'This video uploaded to XXX. If you see it anywhere else, it was stolen!"
 
dash riposki said:
There's probably some other way to deal with this.

If there were not copied videos on youtube, there'd be no youtube.

:)

The crooks can find the loopholes easier than normal people can.


If nothing else, maybe we need prominent channel marking or some other text on the videos we upload?

'This video uploaded to XXX. If you see it anywhere else, it was stolen!"
Click to expand...

I do use a watermark logo, but he did cut that out or used his big logo over it. :/


No one recognize the clip I linked to in the first post? Would like to get as many user as possible (that he have taken videos from) to send a copyright notices at him. ;)
 
I think the only way is splashing bigger watermarks in areas of the screen where they are not obstructing the "action".
And moving them around in different areas as the video progress.
 
Bold watermarks near where the action is at, or many opaque ones all over. Neither is ideal from your end but that does seem to work. I watch lots of crash vids and most of these YT channels show many of the same clips which I doubt were used with permission. A very few channels say they will credit or delete your clips on request. I've only known of a few offenders being suspended or banned by YT and at least one returned with a similar user-name and is back online doing the same thing again :eek:

I also watch (more like listen) to music vids. There are a few rabid copyright licensees who will threaten legal action if you show their bands and the illicit vids get pulled by YT if the user doesn't do it. Once again only the worst offenders get banned. There are some channels showing these bands that do not have problems. I've noticed "artistic enhancements" and a few other methods I won't mention being used as a work-around to invoke the "Fair Use" doctrine :rolleyes:

It seems that the only time YT cares enough to act is either when their profits are affected or you have some "heavy-hitters" in your legal department pushing them to act. So your only simple solution is watermarking your public vids and clips. Even then there will be some theft from channels based in places where their laws don't recognize your rights :( Only YT can fix this and they don't seem to care much about doing that gargantuan job :whistle:

Phil
 
One idea that may be slow, but may work is to do screenshots of the google ads that appear on the offending video, or segments, and contact the company in the ad. 'Why are you advertising on stolen videos or with people who infringe on my copyright?'
:)
Make the advertiser annoyed at youtube/adsense?

Hell, why not make a youtube video calling out the infringing channel, showing the copied altered video, (and the original), and encouraging people to compain, act, (within legal means) give a thumbs down, etc?
What will happen if they copier files a complaint about you stealing the video they stole from you?
:p
Make it messy for youtube. I think they pull content and channels that create too much work for them.


I used to have compilers ask me almost weekly to use my video. It's kind of interesting when you look at their channel and realize they have no original content of their own, they're just making videos (and money) from other peoples content. (It's curious I haven't had a request for use in months. I wonder if their just using it anyway)
 
I hate bold watermarks. :/ It's destroying the video...

I have got several of the channels stealing clips shut down just by reporting via Youtube copyright. This one I have only fond one clip in that was mine. If more of the people he stole from also reports him I think he will get shut down as well.

When he does he lose all the revenue money that hasn't been paid.

dash riposki
If a user asks me and gives credit in the video or in the description I always say yes. If they steal it without asking I am not as nice.. :/
 
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