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Ask Robert McEwen, Esq. Your Own Question
Robert McEwen, Esq.
Robert McEwen, Esq., Lawyer
Category: Intellectual Property Law
Satisfied Customers: 16846
Experience:  Licensed Texas General Practice Attorney
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Hi, I have a question regarding copyright and Youtube. My

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Hi, I have a question regarding copyright and Youtube. My organization has posted a video that it has produced and owns on Youtube. Another organization--who I had not heard of or spoken with--removed the video from Youtube and embedded it into its Facebook page in its video section, without any attribution of the source or my organization's permission. I have asked them, nicely, to remove our video from their Facebook page. They have refused. Can you check section 5 of Youtube's terms of use and tell me if the organization that has uploaded our Youtube video onto their Facebook page has violated the terms of use of Youtube, or perhaps even Facebook?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, this is clearly a violation of the terms of service in downloading the content: "Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by YouTube on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of YouTube or the respective licensors [you're the licensor] of the Content. YouTube and its licensors reserve all rights not expressly granted in and to the Service and the Content."

ScottyMacEsq :

Now you can contact YouTube and complain about this, and maybe that would get them banned from YouTube, but you should absolutely contact Facebook, because this video made by you, posted without your permission or attribution, is copyright infringement.

ScottyMacEsq :

 


If the website owner fails to respond to your email requesting removal of plagiarized content, it may be time for you to send a formal DMCA letter to the website and also to his advertising partner(s) (like Google Adsense) that are helping him monetize content which is actually owned by you.

While web hosting firms and online advertising companies will immediately comply to your requests, they will also ask you to send them DMCA notices in a proper format with all the necessary details and proof.

Let's take a fictional case - Mr John Q. Public of www.mycontent.com finds his content on another website called www.copypaste.com.

Following is a Sample DMCA Notice that John can submit to the web host of copypaste.com and also to Google.





Subject: Notice of Copyright Infringement

The copyrighted work at issue is the text that appears on www.mycontent.com/page1.html and www.mycontent.com/page2.html


The URLs where our copyrighted material is located include www.copypaste.com/abc.html and DANGEROUS URL REMOVED

You can reach me [email protected] for further information or clarification. My phone number is +1-202-393-3984 and my mailing address is John Q Public, 323, Park Avenue, Willcity 39232 CA.

The email address of the website owner, who has reprinted our content illegally, [email protected]

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.

I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


John Q Public
February 11, 2010 [14:50]




If your DMCA Notification letter meets all the requirements, the web host will expeditiously delete (or ask the customer to remove) that material.

While most web hosting companies will accept your DMCA notices via email, Google (for Blogger and Adsense) requires you to snail mail or fax the DMCA document with your signatures.

As a workaround, you can take a picture of your signature and paste that as in image in the Word Processor. Then you fax the document to Google DMCA department via Skype, Email or online.


 

ScottyMacEsq :

Here's information on how to report copyright infringement to Facebook: https://www.facebook.com/help/400287850027717/

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Thank you, Robert. I am deeply appreciative of your answer and assistance.

Robert McEwen, Esq. and 3 other Intellectual Property Law Specialists are ready to help you
You're welcome, and again, good luck to you!