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YouTube provides appeal after copyright dispute for US

Written by Michael Coyle on 03 October 2012

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In the past if anyone had content in a video on YouTube and someone else claimed copyright ownership in that video the person who uploaded the video could file a dispute with YouTube. However, if the person who claimed ownership of the disputed video disputed your disopute, your video would be removed permanently.

Now, in America anyway, you can Appeal! Once you appeal the person claiming copyright in the content in your video will need to file a DMCA takedown notice (Digital Millennium Copyright Act).

Although the US DMCA cannot be enforced in the UK, a US company could still pursue damages in a US court and have it enforced in the UK. Also, under section 35 of the UK Data Protection Act 1998 a UK company is not obliged to provide customer information without a UK court order or under a rule of law.

Once an appeal is made to YouTube your content will go back live on the YouTube website and the person claiming ownership in the copyright will have to take the content up loader to court.

However, you will receive one "strike" against you on YouTube if a case is taken this far. Three strikes and you're out of the service. So much for "innocent until proven guilty"?

Previously too many good videos were being taken down automatically, even without the copyright holder necessarily wanting it taken down.

If you'd like to know more about this article please send an email to Martin O'Brien quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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