Printable View
On YouTube, my video was falsely claimed by the UMG as "Sound Recording "Gangnam Style / 2 Legit 2 Quit Mashup - Psy"". I did not use that song and Filed a counter claim and it got rejected and It gave a strike to my channel. The Song I actually used was "PSY - GANGNAM STYLE (강남스타일)" as a demonstration for my tutorial. Doesn't that fall under fair use and do I have to go to court to take off this copyright claim?
YouTube is not obliged to be an arbiter of fair use.
You can't go to court to force YouTube to leave your video up.
Your quibbling on what the exact title of the work you are infringing is immaterial. Believe me, you were caught because YouTube has an elaborate and automatic screening of the audio and video content that gets uploaded there (listened to the VP there give a talk on that once). If Psy (or whoever he licensed his stuff to) tells google to block copies, they will block copies and there's no amount of temper tantrum or legal foot stomping that will change that.
If they SUED you, you might be able to argue fair use as a defense (but absent knowing exactly what you are doing, even that is suspect). Alternatively, you could sue PSY (or whoever ordered the takedown) that you are not infringing, but I suspect you won't win and you don't have the money for that.
If somebody files a DMCA notice against you, you can file a counter-notice. It isn't clear that doing so would make a difference in your case, but that's the process.
I Already have done an Counter Claim a couple of days ago. This awas a response. But the Auto ID thingy detected the incorrect thing. That's Why I asked.
What do you think your counternotice does? Argue that YOU have a different idea of the title of the work that the copyright holder does? That's not going to work. That you think your infringement is fair use? Again, FAIR USE means squat to DMCA.
Counter notices aren't don't mean You Tube has to do anything. It just allows them to reinstate things and still comply with the DMCA/OCILLA. It doesn't however, oblige them to reinstate things.
It's clear you are infringing. You haven't indicated anything that would indicate this is fair use.