I sent a DMCA to YouTube support asking them to take down a watermarked video of my project which was linking to fake surveys and stuff like that and got this:
Thank you for your notification. It appears you have made a claim on behalf of a corporation, but have not written from a corporate email address. In order to prevent fraud, we need to ask you for more information.Please help us verify that you are affiliated with the corporate entity listed as the copyright owner in your notice. For example, you may forward this message to your corporate email address and then re-forward to firstname.lastname@example.org, preserving the ticket number in the subject line. Alternatively, you may wish to provide a publicly listed telephone number for your company on which we may contact you directly. If neither of these options is applicable to you, please provide an explanation.
Please understand that the content will remain live on the site until we have received this verification, and abuse of the copyright notification process will result in the termination of your YouTube account. Under DMCA Section 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages.
The YouTube Team
This was my response:
I would like to provide an explanation for my copyright claim. Here is a quote I received from YouTube:
“Thank you for your notification. It appears you have made a claim on behalf of a corporation, but have not written from a corporate email address. In order to prevent fraud, we need to ask you for more information.”
I have made a claim in my own name, because the corporation (Envato, owner of www.videohive.net) doesn’t own the copyright for the project (video in question) nor I am an employee of the corporation, so I can’t send you an email from a corporate address.
Let me clarify:
Envato just provides a venue for authors and freelancers from all over the world to sell the licenses for their projects/products. Being an author at Envato means that author retains the copyright for his work and can delete that same work from Envato network anytime. Authors are NOT Envato employees. You can verify this info here:http://videohive.net/make_money/become_an_author
To quote a text from the FAQ section from the link above:
“Q: Do I retain the rights to my own file? A: Yes, it’s your file. We just provide a venue to sell it.”
Next: I have bought licenses for the audio and three images used in the video which you removed in the meantime (thank you so much). I can prove that as well since I have licenses to use all four files for a one purpose (single license -> one video preview for the end product). So this is my file:
These are the files I used and have bought appropriate licenses:
link removed">link removed link removed">link removed
(these are not included in the final download a buyer of my file gets)
More on Envato licenses here: http://videohive.net/licenses
Also, if you need proof that the [name removed] is actually my work, I can provide that as well since I have the source files no one else has.
Channels like mine: [link removed] have videos with links to the real files which can be bought absolutely legally and that is considered fair play. I asked for the video in question to be removed because the link was leading to a site with malicious content and fake surveys and I don’t want mine intellectual property used for that purpose, especially since the owner of the channel used five copyrighted files for malicious purposes. If he had bought the file I would have no case but the video had videohive watermark on it, so it was clearly a rip. It’s removed now so I can’t give you the link for additional verification.
Envato authors work hard to produce high quality content so any copyright claim coming from an freelance artist who has author status in Envato network shouldn’t be taken lightly because we all actually own the copyright to our files They just sell licenses for the use of our intellectual property and that’s based on an agreement between us and Envato.
Thank you very much for your patience in this case, I hope I managed to clarify things to the best of my abilities. If you need more info I’ll cooperate as much as possible.
Their reply to the text above:
Thank you very much for your notification. The content has been removed.
Regards, The YouTube Team
So if you guys run into some of your stuff on YT and want to take it down provide them with similar info and you’ll have no problems Just wanted to share, some of the authors are probably not aware of this
This is very useful. Thanks.
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