Intellectual Property Law

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I'm wondering what the...

I'm wondering what the best response / way to proceed with a yourube copyright claim against our company.

Lawyer's Assistant: What written documentation do you have?

We only have the youtube strikes against us and the vendor that submitted the claim. No reasoning behind it. We're a long standing training company in the IT and networking realm. We've provided online video training for various certifications and software for over 15 years. We have a youtube channel with over 100k subscribers. Recently, we released a course that teaches viewers how to prepare for an OSCP exam and the teaches them the software and technology behind it.

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

It's the same model that lynda.com and Pluralsight uses. Our work is entirely produced in house and transformative educational screen cap recorded lessons. Like a video teaching someone how to install windows on their computer things like that

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm just not sure what the best way to formulate a response to the youtube counter-notification process would be. I think that sums it up for now

Submitted: 1 month ago.Category: Intellectual Property Law
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Answered in 1 minute by:
3/19/2018
IP Lawyer: Law Educator, Esq., Lawyer replied 1 month ago
Law Educator, Esq.
Category: Intellectual Property Law
Satisfied Customers: 123,387
Experience: Attorney practicing all aspects of copyright/trademark law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

What is the actual claim against your video, what copyright are they claiming it infringes upon?

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Customer reply replied 1 month ago
We didn't get any specifics about the claim. just this message:"A claimant sent us a legal notice about their copyrighted content in your video. As a result, your video has been removed from YouTube."We want to submit a counter notification, but get some guidance as far as the response we should submit with it."By filing a counter notification, you're beginning a legal process. As part of that process, YouTube will need to forward your personal information to the claimant who removed your video. In turn, the claimant may file a lawsuit against you. You may wish to consult a lawyer about this process."Here are a couple samples of the content they're claiming against.https://www.dropbox.com/s/d9ejyifypeurgp7/ine-offensive-security-ocsp-002-high.mp4?dl=0
https://www.dropbox.com/s/i3ni2pamp0hpaae/ine-offensive-security-ocsp-006-high.mp4?dl=0
https://www.dropbox.com/s/of40u5vmqm3vygq/ine-offensive-security-ocsp-045-high.mp4?dl=0
IP Lawyer: Law Educator, Esq., Lawyer replied 1 month ago

Thank you for your reply.

Yes, if there is nothing in the video that is copyrighted or you believe you have rights to that material, then you need to explain in your counter notice how this is your right to publish, such as fair use for educational purposes or editorial commentary or reporting. You need to explain how the content is either not copyrighted to anyone else OR how you have the right to use the material and you can include any claims your work is entirely made in house as well.

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Law Educator, Esq.
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Category: Intellectual Property Law
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Experience: Attorney practicing all aspects of copyright/trademark law

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