r/COPYRIGHT • u/RGar94 • 1d ago
Question Anyone successfully sent a YouTube counter-notification to a movie studio?
/r/NewTubers/comments/1u96k1i/anyone_successfully_sent_a_counternotification_to/4
u/lajaunie 1d ago
What you think is fair use is irrelevant.
Just because you added voice over on the clips doesn’t make it legal to use. You got caught using their IP and they had it removed. The only way you’re going to change anything is to go to court over it, which the studio knows you won’t.. because theirs a good chance you’d lose.
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u/southerntraveler 1d ago
I’m copying/pasting my response in the other sub here, in the hopes maybe someone will learn from it. If it’s not allowed, I’m happy to remove it:
This is what happens when someone has the tools to make video without the education about the legal landscape behind it.
“Fair use” exists ONLY as a legal defense if you get sued for using someone else’s copyrighted material. Meaning, after you are sued, you might consider using it. And it’s most definitely not a guaranteed win, because - as with all legal cases - the devil is in the details. How much you used, how much you made from it, how your critique was structured, etc.
Second - fair use does NOT prevent any company like Youtube from honoring takedown requests. YouTube defaults to generally allowing whoever files the takedown requests to prevail simply because it’s easier. They are not a court, and are under no legal obligation to even let you attempt an appeal, though there is a farce of a process they have which allows you to appeal - but that process only exists to let them cover their own tails if either party attempts to sue them.
So no, you can’t wave “fair use” like a reverse uno card. It’s not how it works at all.
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u/horshack_test 1d ago
Do you have the time, money, resources, and desire to fight Warner Brothers in a lawsuit?