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Old 04-08-06, 11:59 AM   #1
Daimo
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Default ITV have pulled a copyright law on me??

Can anyone explain how this can be done? At the weekend I went to Donnington and took my own personnal videos of the first lap of some of the races. This was done on my own camera, and i've hosted it so others can view it. I've been sent 3-4 emails all containing the same crap from the website? Can anyone tell me what right they have to do this as its my own material?


Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by ITV claiming that this material is infringing:

Formula BMW: http://www.youtube.com/watch?v=FEQgSNpDxvA

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
PO Box 2053
San Mateo, CA 94401
Email: copyright@youtube.com
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Old 04-08-06, 12:05 PM   #2
Peter Henry
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Told you that it was a good idea to keep in touch with that Philadelphia Lawyer of yours mate.
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Old 04-08-06, 12:06 PM   #3
kwak zzr
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oooooopppssss
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Old 04-08-06, 12:09 PM   #4
Daimo
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WEll, as far as im aware, any material taken on my own equipment is mine, no-one elses, unless I choose to share. Just as i did...

So if i re-host it on another site, i'll expect the ITV lawyers at my door.

For 3-4 video clips, each lasting about 20-30 seconds?

How is this legal and how do they have the right.

Im SO angry, HOW f-ing petty!!!!!!!!!
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Old 04-08-06, 12:12 PM   #5
Spiderman
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Either its a mistake or ITV have a catch all clause saying "No filming without permission" or something like that.

Maybe worth emailing ITV and asking them?
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Old 04-08-06, 12:12 PM   #6
SoulKiss
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Default Re: ITV have pulled a copyright law on me??

Quote:
Originally Posted by Daimo
Can anyone explain how this can be done? At the weekend I went to Donnington and took my own personnal videos of the first lap of some of the races. This was done on my own camera, and i've hosted it so others can view it. I've been sent 3-4 emails all containing the same crap from the website? Can anyone tell me what right they have to do this as its my own material?
I can think of 2 things

1) They think its their footage (unlikely due to lack of graphics etc)

2) They own the broadcast rights to the event. This would mean that only they can broadcast footage. Sticking the footage on a wbsite constitutes broadcasting I am afraid.

David
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Old 04-08-06, 12:13 PM   #7
Daimo
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Thats what i've put in my email. I require evidence of the complaint and that they have no right.

I expect a reply and upon that reply I will be re-hosting the videos. If youtube cannot give me a decent reason i will remove my videos, let the online commmuity know of this petty action and re-host all my videos on another video upload site.

ITV press, your scum....
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Old 04-08-06, 12:14 PM   #8
Carsick
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My first thought would be that ITV staff are just searching for stuff related to the MotoGP and complaining about everything.
Second thought would be that ITV may own the rights to broadcast the races, possibly including the BMW races. I'm not sure how far those rights go, though.

edit: what SoulKiss said.
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Old 04-08-06, 12:15 PM   #9
Daimo
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Default Re: ITV have pulled a copyright law on me??

Quote:
Originally Posted by SoulKiss
I can think of 2 things

1) They think its their footage (unlikely due to lack of graphics etc)

2) They own the broadcast rights to the event. This would mean that only they can broadcast footage. Sticking the footage on a wbsite constitutes broadcasting I am afraid.

David
Im not broadcasting it though, im mearly hosting my own video on a website. I could pretend its a load of remote control cars made to look like touring cars?

They haven't said anything about the Seat Cupra Cup video though, on the same page, taken the same day....
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Old 04-08-06, 12:15 PM   #10
Jabba
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The images are your copyright, for sure.

But were you allowed to take them in the first place?
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