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Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 102523
Experience:  Licensed attorney in private practice.
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I received a copyright strike from YouTube some clips from a

Customer Question

Hello, I received a copyright strike from YouTube for adding some clips from a concert to my video (a vlog of my family). It's a 14 minute video with only about 5 minutes of concert clips. I would like to submit a counter notification to the owner who filed the DMCA on my video. After 10-14 business days, the owner has to sue in order to keep me from putting the material back up but i don't want to put it back up. I'm ready and willing to delete the video but I want to get the strike removed from on my account because it puts me in bad standing.
What is the likelihood that the owner will sue? Is it a good idea to counter?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation.

1) Counter-suing is not a good idea. By doing so, it is less likely that the complaining party would agree to withdraw the complaint. Also, this may force their hand to sue you within the time allotted.

2) The better way to go about doing so would be to contact the party directly and to request that they withdraw the notification in exchange for someone in your situation peacefully simply taking down the video. They may agree. If they do, then the withdraw of their notification may "void" the strike. However I am going to be honest here, you really do not seem to have much leverage to demand anything per se. This is all negotiation at this point.

3) The good news is that you need three copyright strikes to have the account terminated. One strike does not terminate it, although one may lose access to some features. BUT THIS MAY BE UNDONE either if the complainant withdraws their complaint (as in #2), or, the strike will naturally expire in six months, as long as you complete Copyright School and don’t receive another copyright strike in that time.

So there are two ways to go about doing this to void the strike:

a) ask them to remove the complaint, or

b) simply take the Copyright School option and wait for it to fall off after 6 months.

Counter-filing may simply force a suit.

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Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!