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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Proper Process for Filing a DMCA Counter-Notification

    I have had 23 of my YouTube videos taken down by DMCA complaint from one person who wishes to censor criticism of his videos. He is doing this on the grounds that I have used his image and clips from his YouTube videos. All the videos are criticism of his work. (He has taken clips from my videos, too.) There are numerous places where he has complained about the CONTENT of those videos, not any copyright infringement. He made one video about another person whose account was terminated because of his DMCAs, titled "KalelJordanKent Had it Coming: Jarrah White Responds to Cyber-bullying by Propagandists." He used numerous clips from KJKs videos to show how KJK was picking on him. Clearly, copyright does not appear to be his reason for DMCA-ing the guy.

    I filed counter-notices. Several people mirrored my videos which were taken down and this person has filed DMCAs against them, too. I do not feel it is fair for all these people to have to give up their personal information to him, so I am offering my PO box, phone number, and last name for them to use in counter-notifications. I'll forward anything to them. They are, after all, mirroring my video. They will be submitting their own e-mail addresses. I noticed that the counter-notification form requires a good faith affirmation that the material in question is not a copyright violation, but no such affirmation is required for personal information.

    If the DMCA censor decides to follow-up in court, which I seriously doubt he will, then they would have to surrender their real contact information. Until then, I am authorizing them to use me as their representative and contact. This is to protect their privacy from what I believe to be bogus infrinngement claims.

    Would it be legal for me to do this, since it is still just between YouTube and the users? I would be asking YouTube this question, but there appears to be no way to communicate with them.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Youtube Dmca Counter-Notification

    You can indeed act as their agent in filing the DMCA complaints/counternotices. The process allows for "agents" authorized by the material holder to do so.
    Just be sure that you're not holding yourself out as legal representation nor can you represent them in any sort of legal venue.

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