copyright claims on YouTube videos

[bart1927]

I posted a few videos on YouTube of my gramophones playing 78's from the 1920's. Now some 3rd party named "IODA" claims that I have violated their copyright. But as far as I know my videos are in the public domain. I assume that since lots of forum members have similar videos on YouTube, I'm not the only one that has to deal with these dubious claims. So how do I proceed? Should I tell them that I only put those videos up for educational purposes? Should I explain that according to Dutch copyright laws a recording falls in the public domain after 70 years? Is there perhaps some kind of "template" response that I can copy-paste? Thanks in advance!

[HisMastersVoice]

I had close to 100 videos on YouTube, and almost all of them had copyright disputes. Eventually I got tired of defending myself and deleted them all.

[bart1927]

I had close to 100 videos on YouTube, and almost all of them had copyright disputes. Eventually I got tired of defending myself and deleted them all.

Too bad. I once had I copyright claim years ago on a similar video, I disputed it, and the claim was withdrawn. Unfortunately I don't know exactly what I told them, so I hoped that someone here had some kind of template response.

[kirtley2012]

I had that, I just disputed it saying: this recording is almost 100 years old, its in the public domain, the artist is long dead, it is for enjoyment only and no financial advantage, just stuff like that, and sure enough they removed the claim

[SteveM]

I had close to 100 videos on YouTube, and almost all of them had copyright disputes. Eventually I got tired of defending myself and deleted them all.

Too bad. I once had I copyright claim years ago on a similar video, I disputed it, and the claim was withdrawn. Unfortunately I don't know exactly what I told them, so I hoped that someone here had some kind of template response.

Here's a paragraph that I submit on music stuff. Sometimes I'm notified of "matched third party content" on phonograph records, but no action is taken. With more modern music, I get the notice and the video will be blocked in certain countries, and all mobile devices, but usually ok in the US on a computer.

Ebay fair use paragraph:

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for -fair use- for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

[Lucius1958]

Frankly, ever since the GoogleReich took over YouTube, it's been a lost cause.

Not only can any and all corporate pirates claim 'copyright' on anything they want, Public Domain or not, but they have imposed punitive and dictatorial measures against users who do not wish to be "assimilated".

Best course is to tell Google to f*** themselves, and find somewhere else to post your videos.

Bill

[celticguitar666]

I am assuming this copyright infringement bogus problem doesn't apply to Internet Archive? After having a video I posted only to show my brother my phonograph in use playing an early mono Beatles got blocked after 2yrs of being up of receiving no profit as it was never intended to be any I only post music there now. I believe they police their site themselves. No issues in 5 yrs ooops I just jinxed myself I hope not anyway
Good luck
Dwight

[mf77]

[youtube]http://www.youtube.com/watch?v=-9PSaTv-Mb0[/youtube]

You may have to submit the dispute form 3 or 4 times (once for 3 or 4 different videos), but after that, youtube will automatically submit future dispute forms on your behalf, and you will just receive a notification that a copyright claim has been made, but your videos will remain & you wont have to do anything more than keep making your music videos.

I went through this process 3 times, and of my almost 2000 videos, only 2 have ever been permanently deleted.
I guess these were the only 2 legitimate copyright claims.

When you receive these notifications, google the company name (like "IODA") and you'll find many are basically nothing more than thieving opportunists

[52089]

For disputes on compositions, this is what I reply with:

"[name of composition] was first performed and published in [year - look it up in Wikipedia]. It meets the pre-1923, author's life plus 50 years, and author's life plus 70 years tests and is therefore in the public domain everywhere in the world."

For disputes on the actual sound recording, you must tread more carefully, at least in the USA, where there are virtually no public domain sound records at all, regardless of age. Pre-1972 sound recordings will become public domain in 2067, but until then, sound recordings are protected by state-by-state anti-piracy laws, most of which had no expiration dates.

Europe has different rules for sound recordings. Generally anything published up to 1963 is now public domain, and anything published 1964 or later will become public domain 70 years after publication.

[fran604g]

Great advice!

I have 2 videos that were claimed by IODA. Only portions of the videos were claimed.

I deleted them, but now I will re-shoot them, knowing a bit more about the dispute process.

Thanks,
Fran