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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101400
Experience:  Lawyer
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I used a song that was available -use dance

Customer Question

I used a song that was available for public-use for a dance video on my Youtube channel. The song's public-use terms changed suddenly and a claim was filed to remove my video. Youtube applied a strike to my channel which means certain features are now disabled. I contacted the claimant via email requesting to retract their claim so that I can remove the video myself and avoid the strike. The claimant refuses to cooperate. Youtube offers a counter-claim option:
"To submit a copyright counter-notification, you must be certain that you have the legal right to post the video to YouTube.
By submitting a counter-notification, you consent to disclosing the information provided below, including your name, address and phone number, to the claimant.
A counter-notification is a legal notification to YouTube that the claimant has made a mistake or misidentified your content. To prevent your content from being reinstated to YouTube, the claimant must sue you. If you are not prepared to face the claimant in court, you should not proceed with a counter-notification. If there is any part of this process that is unclear to you, please consult with a lawyer."
Would I have a valid case in court, being that the song was previously available for public-use? Also given the fact that I do not want to re-upload the video but merely remove it on my own terms so that I can avoid the strike?
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
If you are sued you will likely win in court, because you only used the song after you discovered that you were permitted to do so. When the owner of the copyright changed their mind you would have happily removed the video, which is what you have been offering to do all along, so the owner of the copyright does not have any reason to sue because no damages have been incurred. Rather, all you want to do is simply rectify your position with Youtube. What may be a more prudent approach for you to take is for you to retain a lawyer and pay the lawyer to write a letter to the copyright owner stating that if the copyright owner does not assist you in rectifying your position with Youtube you will have no choice but to sue them for damages. This may work without your being at risk of being sued because even if you win in court you will have to still pay most of your legal fees.
Customer: replied 2 years ago.
Is there anyway I could get in contact with you to retain you as a lawyer to write this letter? and/or seek advice to proceed with a counter-claim. I have tried to contact many local lawyers and there are non qualified with this situation. You can call me at(###) ###-####or email me at***@******.***.
Expert:  Debra replied 2 years ago.
I am not permitted to do that unfortunately. But, you can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free. The number is:1-***-***-**** or(###) ###-####(within the GTA)
Expert:  Debra replied 2 years ago.
I hope that helps.