Have my fair use rights been violated?
So I was recently banned from youtube for "Copyright infringement", although two out of the three strikes I've received over the years have both been mash ups of footage that seem to fit under the laws of Fair Use.
I've been talking with my friend and he's been suggesting I submit a counter notification or some other type of complaint. But Youtube seems so confusing about whether I have my rights or not. They make it sound like if I make a single mistake and if I just happen to have insufficient rights they will sue the crap out of me.
So I'm basically looking for advice on whether I should submit a counter notification or not. The first video that was taken down was a family guy clip, a long time ago, but that was infringement I guess.
The second, however, was a mash up of the debut trailers of various games from the VGA 2009 show. It was taken down by Viacom, which I know owns GameTrailers, and I'm guessing Spike TV as well (since they're partnered closely and even have the same flash player design), which hosted the show. I made the video shortly after the event, mind you.
The final take down was issued by FOX about my recent Sunshine music video. Sunshine is a film, to which I have made a tribute video under one of their OST songs using various clips from the movie.
Funnily enough, the VGA video was featured on GameTrailers, and then featured as User Movie of the Week. Talk about irony. You can watch that here and you can watch the Sunshine video here to see what I'm talking about.
I don't know if anyone here has any legal background or ever studied the law, but perhaps someone can give advice. I've made a new account since then, and have about 250 subscribers at this point (originally I had 700, so I lost a lot, and the only reason I got so many right now is because a friend who is famous in the ArmA 2 scene advertised me), but I have still lost many things that I was proud of. I have all my videos, but for instance, I was extremely popular in the Assassin's Creed 2 scene, with my videos appearing first in the searches, etc, along with some other games, where my videos would often show up on the first page, and so on.
I became a bit concerned about the possibility of filing a counter claim today as I noticed that I seem to start losing interest in making videos. I don't know if that's just my mood today, or if it's really a problem, which if it is, may be in fact influenced by the fact that I've lost everything I've achieved over the years.
So if anyone can give advice or has any ideas, I'd really appreciate them. If anyone knows someone who might be able to help, that'd be great too.
Id give it a try, nothing lost nothing gained but you gave it a shot. Im not that well informed to give a more detailed advice however.
My best advice is take it on the chin and roll with it. If you're serious about it, then hire a lawyer. If you're going that route then you should weigh the cost versus the payoff, which in your case would be unlikely to yield a profit over your expenses.
I've found that many lawyers simply don't want to take these kinds of cases, especially where the internet is concerned because there's not a lot of case law already in place to cite, which means more work on their end for a win.
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