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Copyright issue

Discussion in 'YouTube' started by TheRogue, Nov 5, 2011.

  1. TheRogue

    TheRogue Junior Member

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    I received an email
    Your video,bblablabla, may have content that is owned or licensed by ESPN UK
    They dont have any copyright on it the content belongs 100% to someone else. I sent them a dispute but i was pretty mad and invoked copyright laws and forgot to mention that ESPN UK doesnt own shit, that it's a false claim. How can i procede from now on, and how long do these things take?
     
  2. charmol

    charmol Junior Member

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    If you are sure that this company doesn't own the copyrights to the work, then its not something to worry about. But if the other person who you said created the work did so under the companies employment, then they do own the copyrights, if not that person does and it is them who would be able to make a claim.

    Remember though, that copyright is implied as a matter of law as soon as you create a work, you do not need to apply to register for it, once you create something, you own the rights to it. At least that is the position in the UK, I can't speak for other parts of the world.

    Also remember, that if someone DOES file a case under the copyright act, then the burden of proof is on You to prove that You own the rights, not that the other party does not.

    ~|ChaRoN|~
     
  3. TheRogue

    TheRogue Junior Member

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    Yeah i know, but i forgot to mention in the claim. It's a news feed from a football/soccer match and i have the content owner's approval and also under my country copyright law i can use it a) of brief excerpts from press articles and radio or televised reportages, for informatory purposes on current events, except those for which such a use is expressly reserved
    But how can some big company claim right to something they know 101% they dont own. The rights belong to a local tv company, the right on the game and on the tv show i was posting.
    How long does these kinda disputes take?

    P.S.
    DigiSportTV has sent you a message:
    Re: Your video, blablabla , may include content that is owned
    To:therogue1

    Imposibil, digi sport are dreptul 100% asupra acestui meci, mai ales a emisiunii, sigur este o greseala

    Translation
    Impossible , digi sport has 100% rights on this game and especialy on the tv show, it's a mistake
     
    Last edited: Nov 5, 2011
  4. charmol

    charmol Junior Member

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    I see, does the video have any of their branding or logos on the screen ? that may be the problem, even if they do not own the rights to the actual video, if they have been granted a right to display it and branded it, they will have rights on the branding.

    All copyright laws do allow you to take excerpts for reporting purposes and suchlike, but there is no set amount you can lawfully take which makes it a grey area, it would be up to the decision of a court to decide whether the amount fell under "fair use" guidelines. If it is only clips from a match, I'm sure the percentage would be low enough to fall under this though.

    As for how long it will take, if you couldn't come to an amicable solution privately (i.e. take down the video, settle out of court, or come to some kind of agreement with the company) and decide to fight it all the way, then these things can be very drawn out, taking years if you fight to the end (which, if you are in Europe would be to the European Court of Justice after you have been through every your Local, Crown, High and Supreme courts or the equivalent.) Doing this would almost certainly take years.

    The Premier League has been suing a Pub Landlady in Portsmouth, UK for several years (since at least 2008) for showing matches on a Greek satellite decoder, and she won her battle in Europe, but still has to wait for the Supreme Court for the decision to be ratified.

    Sorry for going on a bit lol, and I don't think it would come to all this, especially if you have written approval of the local TV station to use the material you got from them. You would be using it in good faith, and it would be them that had the problem as they didn't own the rights to sell in the first place (whether you actually paid or not is irrelevant).

    This large corporation is more likely just flexing its muscles to try and scare you.

    ~|ChaRoN|~
     
  5. charmol

    charmol Junior Member

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    Also, them sending you an email doesnt mean $h1t. Before they can do anything they have to send you physical letter requesting that you take down the infringing stating they own the copyrights, what it is, where it is (possibly some other info too, I'm not too sure I've never actually seen one, and it will depend on your country.)

    ~|ChaRoN|~
     
  6. TheRogue

    TheRogue Junior Member

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    The game is from my country and television rights where sold exclusivlly to this tv network. ESPN doesnt own shit!!!!! Simple as that. Dont know about logos, there are logos of the tv show, but i guess those come along with the right to the show. I'll wait to see how this resolves with youtube, but i dont even understand how the fuck ESPN made that claim. The company that owns the tv show and television rights for the game made it clear to me that they own 100% rights. At the beggening of the championship the team owners and our football league sells the television rights for the matches and all are bought by local companies, none was bought by ESPN.
     
  7. charmol

    charmol Junior Member

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    Yeah, I wouldn't worry about it. If they send a letter through it may become more serious, but from what you've said, you are definitely in the right.

    It's not worth losing sleep over a crummy email from a corporation who has nothing better to do than to try and scare the little guy into submission.

    I would however contact the TV station who gave you permission to use the material to confirm in writing that you are allowed to use it, if you don't already have it in writing. But really its no big problem. I'm sure it wouldn't be worth their time suing you over something like this, afteral they can't take what you don't have (unless of course you are a multi-millionaire :D)

    In any event, if its only a small portion of the whole game, then fair dealing will definitely cover you.

    ~|ChaRoN|~
     
  8. TheRogue

    TheRogue Junior Member

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    The problem is that the video was monetized and until i solve this issue ads will not show. I'm not loosing sleep but it just pisses me off I do have permission in writing (email is considered writing as far as i know)
     
  9. charmol

    charmol Junior Member

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    Yeah, an email is considered writing. And that's a pain about the ads not being displayed. If youtube for some strange reason find against you, send them a copy of the email.

    Its a shame that only the rich and powerful have access to justice, because if you win your case, you would have a claim for loss of earnings, damage to reputation etc. Unfortunately most of us can't afford to pursue such things with lawyers being as expensive as they are. And in the event that youtube still find against you, court would be the only option, even though you know you'd win, its still a costly hassle :(

    -LoNg LiVe JuStiCe-

    ~|ChaRoN|~