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DMCA Complaint Over a Video Upload

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  • 09-11-2014, 09:29 AM
    jk
    Re: Dmca Violation
    Quote:

    Quoting llworking
    View Post
    I understand that, but there are also lots of sites where the entire intention is for the videos to be able to be downloaded. Since this was clearly a homemade video, its possible that the site where the videographer uploaded it in the first place was such a site.

    So did you read a licensing agreement that gave you permission to download it? If not presume it is not legal to download it.
  • 09-11-2014, 10:24 AM
    Meowzers
    Re: Dmca Violation
    Like youtube, neither of the websites, the site where I got the video and the site where I uploaded it, allows for downloads. Only uploads. Downloads were done using a video downloader extension/app for my browser - these are commonly used to download videos from sites like youtube.

    - - - Updated - - -

    Quote:

    Quoting flyingron
    View Post
    "Not knowing it was illegal" is not going to cut it anywhere.

    But isn't there a difference between downloading something that is obviously protected like a Hollywood feature film and amateur self-shot footage?

    Quote:

    Quoting Mr. Knowitall
    View Post
    If the only thing that has happened is that the copyright holder issued a take-down notice, and the video is now offline, that may well be all that happens.

    Is this usually what happens? I'm hoping so because because I complied right away (after being informed it was copyrighted).

    What about the fact that I obtained the content from another site in the first place? A site that probably isn't affiliated with the content owner. The specific section of the site where I obtained the video was titled "our videos" so my assumption was that it was a user who uploaded his own content.
  • 09-11-2014, 03:15 PM
    flyingron
    Re: Dmca Violation
    Quote:

    Quoting llworking
    View Post
    There is such thing though as permissive use. If someone posts a video on a site where its technically permissible to download videos, then they are authorizing the video to be downloaded.

    I have no idea what point you're trying to make. There's no permissive use here. The mere act of UPLOADING the video to the site is an ILLEGAL copy. Doesn't matter if it could be eventually redownloaded or not.

    - - - Updated - - -

    Quote:

    Quoting Meowzers
    View Post
    Like youtube, neither of the websites, the site where I got the video and the site where I uploaded it, allows for downloads. Only uploads. Downloads were done using a video downloader extension/app for my browser - these are commonly used to download videos from sites like youtube.

    Makes no difference. Even uploading requires permission of the copyright holder.

    Quote:

    But isn't there a difference between downloading something that is obviously protected like a Hollywood feature film and amateur self-shot footage?
    Nope, not as far as legality is concerned. Copyright (both in the US and the UK) is granted when the work is created in tangible form (first recorded or filmed in this case).
    The person who made it has the RIGHT to not have people make unauthorized copies, whether for commercial gain or not, whether he is making a feature film or not.
    The only thing that a feature film company is likely to be is more aggressive in protecting their rights and when it comes down to computing damages, they probably can argue they've been harmed more.



    Quote:

    Is this usually what happens? I'm hoping so because because I complied right away (after being informed it was copyrighted).
    As Mr. K and I both told you, if all you got was a letter telling the site to get rid of your video, that's probably going to be the end of it.
    If they were going to sue you, it would have been accompanied with a demand for your identity.
    Quote:

    What about the fact that I obtained the content from another site in the first place? A site that probably isn't affiliated with the content owner. The specific section of the site where I obtained the video was titled "our videos" so my assumption was that it was a user who uploaded his own content.

    Listen to me CAREFULLY: FOUND ON THE INTERNET DOES NOT MEAN PUBLIC DOMAIN.

    Even stuff that says "My Home Movie" must assumed to be copyright protected unless they specifically say that you can make copies (either explicitly or by including something like the Creative Commons licenses that lay out what permissions they would like to grant.

    Even if you were lied to and told that it was OK to copy things, that doesn't mean you won't be sued. It doesn't mean you won't LOSE if you get sued.

    Frankly, while I've never sued anybody, I have had people's sites taken down because they had illegal copies of articles I've written and they didn't comply with my friendly request to take them down voluntarily.
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