I Got a YouTube COPYRIGHT STRIKE for Fair Use!!!

[@Eshcole]

Anyone who DMs threats like "better buckle up" simply can't be taken seriously. 🤦🏿‍♂️

[@joenicklo]

Maybe he wants to take Armando for a ride in a fast car.

[@zakforsman]

@@joenicklo It was Tracy Chapman, I knew it!

[@Mirsab]

@@zakforsman 😂😂

[@sweet4nice2003]

He probably wanted to make a quick buck coz Amondo's videos are lit! 😂👌

[@StraightToThePointTutorials_]

He sounds like a loony toons villain with that lol

[@cameronbosch1213]

Thank you for not letting it go! Thank you for standing up!

[@DanFox]

In the U.S. a person who files a false copyright claim can be liable for all damages and legal fees. If more people realized this, they'd stop filing copyright claims flippantly.

[@SilverPawStudio]

The problem is that most people wont bother to do any of the 4 things. They shout "Fair Use!" and steal to their hearts content. As a professional photographer this has been happening to us for ever. The laws really stand up for the people stealing and you have to hire an expensive attorney to win a claim as a creator who has been stole from. Buy Storyblocks (or something similar) and shoot your own content.

[@mondobytes]

I bet for photography it’s even worse because people use these for ads and other commercial work.

[@iancorzine]

I do believe in ownership and permission. But why not forget it all and shoot your own stuff. Then you’ll never have an issue.

[@onocoffee]

@@iancorzine That's what I was thinking too.

[@photios4779]

When it comes to photos, it's best to either get permission, buy a license, or shoot your own stuff. Relying on "fair use" is always riskier here because it usually makes little sense to reproduce only a small portion of a photo. Even if one is commenting upon or criticizing the aesthetic and creative choices of the photographer, it's better to just provide a link to it if it is legally available somewhere online. Reproducing a photo in its entirety for illustrative purposes goes against at least two of the four factors of fair use, namely "the amount and substantiality of the portion taken" and "the effect of the use upon the potential market." This is very different from quoting a book or showing a short clip of a movie because a short quote or clip used to illustrate a commentary or argument represents merely a tiny portion of the whole and their use generally has no effect upon the potential market for these works. But even if someone reproduces a photo for the "classic" fair use purpose of critique, the whole thing is displayed and that might reduce any inclination someone has to purchase it. While a court might in some circumstances regard this as fair use, it is nevertheless not without legal risk. Even relying on "fair use" in totally transforming a photo is risky. I just came across a news headline the other day in which an artist lost a copyright case involving a transformed photo (see "Andy Warhol Foundation Suffers Big Copyright Defeat at Appeals Court"). The line regarding when a photo used without permission has been so totally transformed it becomes "fair use" is somewhat subjective and blurry and courts have struggled to define that line. Moreover, if one is so totally transforming a photo as to make it unrecognizable from the original, then the artist may as well just create an original work from scratch.

[@cnlicnli]

@@photios4779 writes, “Moreover, if one is so totally transforming a photo as to make it unrecognizable from the original, *then the artist may as well just create an original work from scratch.”* [BOLD text emphasis added] Photios makes a *GREAT(!)* point and, in some ways, counters attorney Ian Corzine’s explanation on how to change an unlicensed photograph to fall within copyright’s Fair Use transformative affirmative defense.

[@EpicLightMedia]

Your videos are beautiful! Also, this was educational.. I needed this!!

[@TheRcCrawlerKing]

Don't subscribe to Epic Light Media. Subscribe to Armando Ferreira instead. Seriously we don't want any more subscribers so please don't subscribe.

[@heinmuster]

@@TheRcCrawlerKing haha now Peter, potato jet, and Armando.

[@EpicLightMedia]

@@TheRcCrawlerKing it’s true!!!! Sub to Armando!!! He’s making quality stuff.

[@f0t0b0y]

@@TheRcCrawlerKing Thanks for the heads up, I just unsubscribed!

[@GustavoMendozaCanales]

"protect yourself using a service like storyblocks..." Bru, I was striked once by some Chinese company because of a clip I downloaded from Envato, being myself a payer subscriber. I was also got in a copyright claim because of a music track I downloaded from Soundstripe. Funnily enough, the claimer had actually bootlegged the track I was using and claimed I had infringed his copyright. There are a lot of arseholes out there trying to make money from your content, even if you're licensed to use it.

[@dogflirt]

you KNOW Armando when he posted this vid was like, “Mic drop... B!tCh” LOL

[@iancorzine]

LOL

[@Hangs4Fun]

@@iancorzine thanks for the explanation of the law Ian

[@PopoRamos]

Oh You know it Lol...

[@itsMido2]

How could anyone fuck with Armando like that? He’s like the sweetest youtubers!

[@GeoZero]

I received a strike for using copyright music on a video. Except, I was the music artist, wrote and performed, recorded, mixed and mastered the song. My music distributor made the claim against YT without actually noticing that it was my channel, my video, and yes, my song - LOL. It was resolved... of course. At least I know my music distributor is looking out for me as a content creator. :)

[@Analogcolor]

And you probably paid for all of that work they did against you

[@greysuit17]

Are they looking out for you? They claimed you essentially not knowing who they represent???

[@TheGreyPillPodcast]

Really?! I have a gaming channel... 10yrs of copyright music. Nothing never happened

[@rubybfdi690]

Oh no... did you steal music? Please don't tell me or else I'm gonna be angry!

[@TheGreyPillPodcast]

@@rubybfdi690 huh....

[@theqazman]

This was an excellent topic to cover and appreciate you doing this even if it doesn't align with your "channel theme". Great attitude, brother. Stay Possessed 💪🏾

[@mondobytes]

Hey man thanks for stopping by 👊🏽

[@AJ_UK_LIVE]

Good to see you Qazi. Major props to you and your channel. I learned so much about grading from you!

[@theqazman]

@@AJ_UK_LIVE thank you brother. Much love. ✊🏾

[@apexyao8931]

Now. Who’s actually messing with the wrong guy? 😏

[@MonzonMedia]

Right? What a douche bag that dude was!

[@DamonMoritz]

Never block a person making threats if lawsuits are possible. Gather that evidence. It can work in your favor.

[@Quickdraw1111]

Word!

[@AllThingsFilm1]

Great video. I, too, won a strike on KZbin. I used some music that I bought, royalty free in one of my videos. Some WWE type website claimed copyrights to the music. I told YT that the music in question could not be found anywhere on the claimant's website or their resources. YT agreed and released my video. So, yes, fight for your rights, baby.

[@iancorzine]

Nice 👍 job

[@RMalayeri]

As someone who recently used a piece of your work in my Kondor Blue A7SIII Cage video, I'm thankful that you didn't go after me for a strike. Love your work hermano. Keep crushing it 😊

[@mondobytes]

Haha I’m not petty like that

[@RodHerzstrom]

Dude the color grading is beautiful.

[@QuadcopterBoy]

Think the one dislike is the fool trying to sue him lol

[@Youthman]

I literally had this happen to me about a month ago. I was reviewing a projector and used an eight second clip from KZbin showing the quality of the projector. They threaten to sue me if I did not pay the licensing fee. I simply purchased a one-month subscription to story blocks, downloaded some royalty free 4K footage, re-shot the projector using that footage and re-uploaded the video. I did not contest it but I did feel it was under fair use.

[@mondobytes]

Yeah sucks you had to do that, I wasn’t going to go through all that trouble especially when the video had over 100,000 views

[@marin_real_estate_photography]

You did the right thing (in removing the copyrighted material and paying for a license to use material). Good on you.

[@tfechtenburg]

Once I was banded from KZbin, for infringing a big company and their material rights. I made an iOS App. for their system, and therefore used their name in the description. The company used me in their own commercials, I had a really good relationship with them, and I was featured in their own App. It was an algorithm that found my content, and found it illegal. I was very hard to convince the company that made the algorithm, that I had done absolute no wrong. I reached out to the big company, and they agreed that my KZbin channel should be activated as soon as possible. I took more than a month for that to happen. I was tough for me, as I always respect others work. To be looked at as a “criminal”, knowing you have done nothing wrong, is not nice. Keep fighting for your rights, and keep up the good work.

[@ProductCreationFormula]

I created a video yesterday about naming a copyright claim scammer. I never got a copyright strike I got a copyright claim. I had to show my licence agreement about the music I had and also include the name of the song. Thankfully I was released from the claim.

[@Nick-yo1te]

Awesome stuff! Thank you Armando!

[@rajdeep-ok9vx]

Hmm! “You messed with the wrong person” is he self proclaimed wrong person?? Hope this episode makes him a right person!

[@ConorORegan]

When it comes to copyright KZbin sucks

[@GustavoMendozaCanales]

Absolutely! I once got a copyright claim for a track that I lawfully had licensed from Soundstripe. The guy had actually bootlegged the track I was using and claim I was the copyright's violator.

[@ConorORegan]

@@GustavoMendozaCanales the non copyrighted music situation is a disgrace. I got a strike for using music I licensed from epidemic sound

[@GustavoMendozaCanales]

@@ConorORegan Really? Was it because of content-id, or because someone just said you stole their track? I think content-id issues are quite often, but being sued for using a licensed track is outreagous

[@ConorORegan]

@@GustavoMendozaCanales oh yeah no it was saying I hadn’t licensed it

[@TomAntos]

I've seen this happen too many times. Good to see you stand up and claim what is rightfully yours.

[@DeanHarringtonimages]

Go get'em, Armando!

[@TW-iu9zy]

The most recent changes to KZbin are now mainly helping creators to react better to copyright issues. However, every creator should know in advance when he is infringing a copyright and what consequences that could have.

[@thebrothers5871]

Man you don't deserve any bad things because you follow the laws and you are good man

[@carlosdias1940]

Abraço Armando! Thank you for the insightful video.!! Cheers

[@cammackey]

Damn that’s crazy man!! Thanks for all the info 🤘🏽🤘🏽🤘🏽

[@RickNethery]

I got a copyright notification for background music on the radio but have seen other creators post someone else's entire music video and monetize it. Life's not fair.

[@JoshHanes]

Armando don’t play! 👊🏻 Much love bro, great information in this!!!

[@RatchelRach]

I made the mistake of deleting an edited version of an animation meme video with 7 million views because it got a strike and I thought I was in the wrong but I didn't realize it was allowed under fair use

[@Jimmy_Wei]

I got authorized by a video owner in a Chinese Video App and uploaded one of his videos on KZbin. Another thief also uploaded his video slightly before me, and the thief copyright strike my video and forced me to delete it and got a 1 of 3 strike record, seems like a really toxic move.

[@theTechNotice]

Thanks for that! Didn't know, good to know :)

[@ActualKaktus]

That guy's attorney probably looked at him and laughed.

[@TheFoodBoat]

Literally just got this email this week. Another channel made a claim and I used their content to state that claim and debunk it... doesn't make sense...

[@OrchestralMusicMidJourneyArt]

Is this how News Channels get away with using other news channels video clips?

[@historyoffootball87]

It happened to me recently, this guy reported me for copyright because I used a picture he took three year ago in my video. The picture were in the video for 20 seconds. I appealed to KZbin after they gave me a copyright strike and they came back stating that there was no copyright infringment on second look. The guy then had 10 days to file evidence he was going to take legal action but didn't do so.

[@ZulqarnainAidil]

It's rare that it's an actual person that does this and not some random content far that wants to stop you from getting views. Lots of content farms would make claims for music, even if they don't own it and it would be picked up automatically by KZbin or Instagrams content id system. They don't really pursue but it is pretty annoying because you've paid for the music, the client has planned out a strategic release schedule and now the video is pushed to a few days later. It's so annoying and I wish KZbin and Instagram would actually fix these false claims

[@PixelPeepShow]

I've been dealing with these too. They don't only try to take other channels down, they try to monetise them too. Making money by putting a copyright claim on other peoples work is the slimiest form of evil.

[@monteestowes1245]

This happened to me recently. I hadn't even received the original email, but today I got another email stating "Good News! The copyright claim on [one of my unlisted videos] was released." Which is...odd.

[@BWOne]

This video literally came up as I'm in the opposite of this. Someone flat out stealing my videos fully. smh

[@Darkafricanfolktale]

😂😂 that massage was funny looks like he was having a great time stressing u

[@d.idowuolutosin4250]

Armando, this was a great educational video. I'm a stills photographer and it's very rare that I've ever had an issue with someone reusing my art and claiming it as their own or reposting it without crediting me which is common on platforms like Instagram. But again, it's rare for me to ever run into situations like that, and I next to NEVER repost someone else's content unless I actually know the person and asked permission beforehand. That said, what struck me most was at the beginning of this video when you showed the threatening messages from the person who felt you were taking something of value from him. I'm not a lawyer but it seems to me that you have a case for harassment against that person considering after filing their complaint on KZbin they followed you to your Instagram DM's and issued additional threats. Did your lawyer have any thoughts on that?

[@TrVlogs82]

Same here like I was at a car meet and the company blocked my video. Like I can't go up to someone I don't know and tell them to turn their music off because I'm vlogging.

[@mouthtv]

I heard an actor on strike with SAG AFTRA say they want to update the law to not allow use of footage without paying the license fees- which are thousands of dollars- even hundreds of thousands for some shows. I can't even imagine what will happen to all of us that use clips and gifs in our videos. We are doomed.

[@Davethreshold]

Hi Armando. Thank you for posting this subject. My concern is this: For instance, what if you live in Illinois, and the other guy lives in California? If you called his bluff, and he sued you, would you have to drive or fly out there? That would be a REAL pain in the a$$!

[@marin_real_estate_photography]

Copyright claims are filed in federal court. The plaintiff is in California, and youtube is based in California, so almost certainly they would sue you in California. so yeah, you would be flying back and forth to California to appear in court.

[@Davethreshold]

@@marin_real_estate_photography Thank you for answering!

[@bobolsen4369]

You wrote in the thumbnail that you got sued. But in the video you say that you got a copyright strike. That’s also what you wrote in the title. So what is it? Did they sue you? Or was this video just an excuse to talk about Storyblocks?

[@mondobytes]

Watch the video

[@bobolsen4369]

@@mondobytes I did. That’s why I asked. No need to get rude, dude 🤡

[@AJ_UK_LIVE]

I wonder who the 1 dislike is from haha. Well done Armando. Always stand up for yourself.

[@iancorzine]

He always does

[@Quickdraw1111]

The dislike is probably from the guy that was threatening Armando.

[@incubus_the_man]

It's my understand that "Fair Use" is a legal defense. The original creator can still take you to court.

[@ItzSi]

Wow he was going in on those messages, you kept it cool and professional...good lad 👊🏼

[@jamesssssss]

how is it considered transformed if you put the YT video on a tv?

[@Aaron_Smith_OM]

KZbin is like that principal that sides with one student because "they've never been in trouble." It's like, if a problem is presented, investigate it properly and fairly. This is some crap.

[@uwinvidanage2252]

How many videos do you think gets uploaded in a minute to KZbin It's impossible for them to manually check them

[@Aaron_Smith_OM]

@@uwinvidanage2252 That completely misses the point. The point is to investigate the problem fairly. Just because someone says: "they used my stuff" shouldn't warrant a strike. It should start an investigation and the followup with the correct actions. And your last sentence kinda defeats your point. If you don't have time to check, then that means... things aren't investigated properly. Thanks for backing me up chief!

[@uwinvidanage2252]

@@Aaron_Smith_OM the current system works You can send a counter notification, so if the guy was Bluffing he/she will back off Best solution is not not use other people content without permission or payment. This wasn't a review or a critique, he didn't edit the video in anyway so fair use probably doesn't even apply here

[@dominey]

I'm most curious about "totally transforming the art". That may be applicable here because the copyright owner's video/image was projected on a television, but there are obviously plenty of videos on KZbin where people use clips from movies, etc, without "transforming" them at all.

[@drpierce792]

Seems like that guy only did it for a payout! Absolutely ridiculous!

[@JayLippman]

Thanks for making this Armando! I do a lot of editing tutorials where I reference movies, and there's always a little bit of stress when I release them for this exact reason. Thanks for partnering with Ian to make this easy to understand! Also, That guy's messages are grounds for a countersuit. That's intimidation and harassment for sure.

[@Marlonorellana]

sounding like a news anchor lol. thank you for this video!

[@DigitizedPixels]

So I received a copyright strike on a video that is me playing a Roblox game themed Skibidi Toilet. This game has been found to be Fair Use in the eye of Roblox. My question is, does that mean my video should in part be safe under Fair Use and the copyright strike from the creator of Skibidi Toilet is not valid?

[@RobertShaverOfAustin]

Okay, you stood up for your rights. Is your video now back up on KZbin? How much did you have to pay your lawyer? If you get sued, how much more will you have to pay your lawyer even if you win? I'm not trying to be a wise guy. As a filmmaker I have been scrupulously avoiding using any copyrighted material in my videos for many years. Thanks for a great channel. Now I'm *SUBSCRIBED!*

[@vj.joseph]

We do the work of publishing vids for them. Make views, they take the revenue, even from smaller channels and then don't pay the fair share but gives us copyright strikes for very silly things. No one talks about the views they obtained in the name of the small publishers and the illegal non payment of money by KZbin for the work however small that might be. They think they can continue this for some time which is just a misconduct.

[@SupremeSkeptic]

So what happened afterwards? How did he react after your counter notification?

[@cyclone1513]

Love that you're standing up to this nonsense!

[@JS-es8pk]

Flying drones and making videos is a pain in the butt now a days.

[@developerpranav]

Piece of art man, thanks for making beautiful and such knowledgeable videos.

[@YoungBlaze]

Lol dont know if this is a over the top commercial for story blocks

[@GamerofKonoha]

What legal loophole does WatchMojo use every video they publish is unedited copyrighted content

[@GamerEmerald7200]

You can submit a counter-notification to KZbin if you think that your video has been taken down by mistake or fair use.

[@district4promo609]

you know that guy is watching this and is PISSED hahaha

[@RoyalIsmayilov]

Amazing Thank you Armando 👍🏻

[@kingdom001_]

This is happening all KZbin to a lot of people. Everyone online is crazy now

[@riparianstudios]

I love how Armando just clapped back with a literal tutorial video with a lawyer on Fair Use.

[@joseacarrasm]

La otra persona quizas pensaba que iba obtener publicidad por comentarios negativos y es mejor darles la mejor leccion del silencio.

[@offcenterconcepthaus]

Give 'em hell, Armando.

[@Light_Camera_Story]

Well... what do you know? It is your fault. Because it is your fault. Because youtube said it is. I never understood their weird logic sometimes.

[@jayfromaz]

you're right. You need a lawyer. and even at that lawyers are not always right. A small portion can be violation of copyright law. Very use doesn't mean that you can use anything. Even if you have music playing in the background on a radio that can violate Fair use. Fair use is a very tricky concept.

[@iancorzine]

That is true

[@holydukk]

Rich kids be like: "just get a lawyer"

[@elfocker]

Awesome Armando, FTP I'm glad your fighting back. 💪💪💪

[@JoelsterG4k]

Thanks for doing this Armando, some people just want to take advantage of others, thank you for standing up for everyone here on youtube.!!

[@CoconutJustice]

This is a great video. This is such an important and confusing topic. Thanks, Armando!

[@iancorzine]

It can be but Armando really has a good handle on it.

[@patricksharpe]

Very powerful, very true...You're an inspiration Armando!

[@iancorzine]

Yes, he is. Great work with Armando

[@tanmoyroyy]

Thanks armando For sharing this. So valuable. Great Vid.

[@TarlLambson]

Excellent clarification. Thank you for sharing!

[@IAMDIMITRI]

Law - Innocent until proven guilty. KZbin - Guilty until proven innocent.

[@JannoTV]

Thanks man! This is really a big help. I used to review contents from our shitty broadcast stations but it is always taken down due to copyright issues

[@PadillaGeorge]

Eso es todo! Know your rights! Love it 👍👍

[@whenpigsfly420]

Great info! Thanks for breaking it down for us. Though in my case, Utube refused to submit my counter notification. Even though I had signed saying that I was OK with possibly going to federal court over this I had an experience with my channel, a competitor copyright striked me for a video that’s actually in the public domain it seems to me that KZbin likes to cover their butt inside with whomever makes the copyright strike because it gets KZbin off the hook. My channel was blowing up pretty good in only a month and a half but because I did the Calendar notification, KZbin did a or supposedly did a look at all my videos , and demonetize my channel with the all encompassing reused video excuse. Though every single one of my videos came straight from law-enforcement, so they were all in the public domain, and I had edited them, so they really became mine. So I agree, it is a great tactic to take down your competitor, and how Utube lets people get away with this is just unfortunate.

[@TheDarknight3x]

I don't want you to get sued, but I feel like it's the only way to publicly know who this guy is that threatened you, and I'm curious about who he is. Especially after reading those text messages. This is a problem though wirh these large social media companies. Anyone can make an accusation and the accused is always in the wrong

[@ELJefeReviews]

Awesome work Armando!

[@jGRite]

The question is, how much money you going to get for that harassment?

[@CourtClipsNTricks]

My other channel got terminated due to copyright strike also just used a small part of the video. Still thinking what counter notification that i need to use. Do you a sample to give me some idea? My channel just reach the requirements after 5 years then not applied yet for partner program. Please help

[@JoshuasCornstar]

I’m glad someone is speaking out on this. Great video.

[@JDavilaDavilaDVP_Productions]

Great job Armando! Glad you shared your experience.

[@sankalpdwivedi]

Thank You for posting this!

[@soyJulianR]

well done Armando! Thank you for sharing your story and educating all of us a little bit more.

[@saminekunis8680]

You are so right Armando, there are simply to many people on youtube which try to bully other creators with such fake copyright strikes or even worse will illegally copy your video and put it on their on channel to receive youtube royalties. This happened to several bands, like Modern Day Babylon, and to channels of Music Producers, mainly out of the progressive rock/metal genre. Its tough today especially during this still lingering covid crisis, the ethics and morals of a lot of people are getting simply unacceptable. Kudos to you that you went straight to your attorney. Its the only way to deal with such People and youtube too. 😊🎬

[@futurologygamerhub1956]

This person who made the threat of lawsuit after counternotification copyright this person must be a copyright troll beware of those crazy people because they want to make your life misery.

[@HiFiInsider]

I've had people completely steal my videos and YT didn't take them down. Currently someone is using my photo on their business website and would not take it down or compensate me for the photo. I want to take legal action but not sure if the cost would outweigh the gains.

[@officialWWM]

You have to make a claim if you want KZbin to take it down.

[@hiawrj]

Contact a lawyer - you will definitely win the case and they will be forced to pay your legal fees. You have automatic copyright protection on everything that you create, this includes pictures you've taken, drawings you've made etc. There are numerous videos on KZbin about this exact thing where they win every single time, even vs. companies not inside of the USA. Your work is your own.

[@karoliinasalminen]

I got KZbin copyright strike by playing one chord, G# myself on my synthesizer. The claimant's song did not even have that chord and did not even distantly sound similar. It is insane.

[@desinomada]

Hello 👋 from your new follower. I was a bit upset 😢 since I checked my recent email of copyright strike 😕 on my one of videos which went viral but after 5 days one of Indian media channel has given a copyright strike and KZbin has taken down the video. But after watching your such a lit 🎉 video and depth coverage on the topic, I felt so confident and motivated that I'm going to fight for my right with this gaint news media channel. I hope 🙏 thing will fall in place. 😊

[@techsavvydaddy5616]

Thanks for the detailed explanation! extremely helpful, again Thank you Armando.

[@iancorzine]

Thanks for watching!

[@TwoOneSe7en]

Armando buckled up alright. And took that dude on a nightmare hellride. Who wants to get out of the car now, tough guy?

[@MWDAdventures]

How does it work for Drone footage? You should do a video on the use of drone footage and do you need a 107 license for flying any drone over 1/2 lb. Lots of you tubers and getting contacted by the FAA.