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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
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Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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Ive started a small enterprise on Youtube with my son called

Resolved Question:

I've started a small enterprise on Youtube with my son called "Gamegandhi". My son records himself playing a videogame (called Modern Warfare II) and then edits the footage and sometimes adds music. He is careful to add music that is copyright free. We then use an advertising account to make money for the ads that appear before the videos. My son is starting to get a lot of views so now we need to take this more seriously.

The problem is that sometimes youtube blocks the monatization of some of the videos he uploads based on copyright claims. Sometimes they do this and other times they don't and there doesn't seem to be any rhyme or reason to it.

According to our research, the game footage is usable in the context we're using it and there happens to be a large and growing business on the web of professional gamers doing this successfully- so we know that it can be done legally.

Optimally, we'd like to preclude any copyright challenge from the start, or at least have a rock solid reply when we are challenged so our advertising dollars won't be put on hold as the clicks rack up.

I've noticed that some of the videos my son uploads do have foul language from the gamers that he's playing with, so I'm not sure if this is a contributing factor, however, again, some of the other videos my son uploads with foul language are not challenged by youtube. All of the videos have footage from the game Modern Warfare II and most of them have voice over from the game players (commentary).

Thank you.
Submitted: 11 months ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your question. Please permit me to assist you with your concerns.

You are quite correct, this type of upload is generally permitted. What reason, if any, does YouTube provide pertaining to copyright? (Profanity has nothing to do with it generally). Please advise.
Customer: replied 11 months ago.

They are not giving any reason. They simply deny the monetization, yet allow the video to appear with their ads. Some are automatically approved, others have a delay and then approved or denied, and others denied later. On some of the earlier ones that deny later, they simply state a copyright violation.

Expert:  Dimitry K., Esq. replied 11 months ago.

Michael,

Thank you for your follow-up. That is a bit strange. With a copyright violation, they would not really permit the video to remain online. One suggestion may be to place a disclaimer before each video, something akin to "All video-game footage is the property of [Game Developer], all rights reserved". This acknowledges the company's intellectual property interest and then makes it harder for the site to justify that there is copyright violation. I do not know if you have any disclaimers now in the videos, but that may help deter further removals that you may feel to be unfair or unwarranted.

Good luck.

Dimitry K., Esq., Attorney
Satisfied Customers: 37016
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
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