In a terrible mistake by self proclaimed Internet DMCA enforcer BayTSP, DMCA takedown notices were issued on thousands of Youtube videos that all were created by users legally for a video mashup competition on the Burger King sponsored Youtube channel, where users were invited to record their own voice-overs on Seth Macfarlane’s cavalcade of comedy cartoon series. I participated in that, and I recorded a kind of funny voice-over on the video with the two ducks watching TV.
from Twentieth Century Fox Film Corporation about Duck TV Charbax 1 - Charbax
Video ID: Sb7iphIFyoY
Without warning, about 2 days ago, Youtube then suspended my account and have issued me with automated email replies when I tried to contact copyright@youtube.com and support@youtube.com with the following messages:
“Suspended accounts cannot be reinstated.”
“Your account has now been terminated”
“Note: In the event that your account is restored, your account information such as videos and comments will NOT be restored.”
This would be a totally catastrophic result for me if true. My Youtube account is a very important part of my online presence and a very important part of my freelance video-blogging business and of my prospects of making money doing freelance video-blogging. Youtube also says I may not setup any other Youtube account in the future. I cannot accept any of those scenarios, all resulting of a false copyright claim by BayTSP on behalf of Twentieth Century Fox.
“Federal law requires that we terminate accounts when there are repeated claims of copyright infringement.”
At the same time, Youtube also did surprise me with two other notices of supposed copyright violations that I would have committed on another Youtube account which I bought on Oct 15, 2008 from someone to then hand over to a french company named Archos who I thought needed a better presence on Youtube. I am very certain that Archos only uploaded totally legal videos about their products and also used the account to answer Youtube users comments on different Archos related videos:
from World Wrestling Entertainment, Inc. about Edge’s WWF Debut - Archos
Video ID: Co1BuPIYrF4
from Viacom International, Inc. about Eight Man Tag: Steiner Brothers/Basham/Damaja Vs VKM/Team 3D - Archos
Video ID: 98WnaZ3od7I
I have though no idea what those videos are. I don’t know if those copyright infringements were takend down before the 15th of October 2008, the date when I took over that Archos youtube account from a user of which I only have his original paypal account on which I paid the $50 to get that account name.
Should Youtube penalize me for supposed copyright violations that a user did on a Youtube account more than 6 months ago, before I bought the account from him and handed it over to a french company?
Should Youtube suspend my Charbax Youtube account and the Archos one on the basis of that mistaken takedown notice sent by BayTSP on behalf of Twentieth Century Fox for a video that I created for fun using a flash based voice-over recording application hosted at http://youtube.com/bk and probably even developped by Youtube engineers as a promotional tool and which would upload the resulting video directly to my Youtube account for archival and for promotion of their voice-over cartoon promotion and competition?
Here I am hoping strongly that Youtube can promptly restore my full Youtube account, with all of my about 400 videos, all of their viewing histories, search rankings on Google and Youtube, all user comments on my videos, all my comments on other videos and all of my ratings.
All the while, my story is being covered at http://newteevee.com/2009/05/05/20th-century-fox-sics-takedown-notices-on-its-own-mashup-promotion/ and http://help.youtube.com/group/youtube-howto/browse_thread/thread/73da5e7e013ff2c7. I have sent the signed DMCA Counter notice as described in the Youtube DMCA Help page copyright@youtube.com, I have emailed copyright@youtube.com and support@youtube.com several times, I have left phone messages on the answering machines of BayTSP, Media Rights Capital and even at a Marketing representative of Burger King. So far, my Youtube account has been suspended for more than 2 days, and I still haven’t gotten any direct reply from any real person at Youtube, BayTSP, 20th Century Fox, MRC, Seth Macfarlane or anyone else about the resolution of this problem.
I understand that it must be hard for Youtube to handle the millions of Youtube accounts that upload thousands of videos everyday, the billions of video views and the thousands of copyright owners complaining about the insufficient monetization or just complaining about their content being copied without their rights. I though also think that Youtube should the responsibility to have implemented a global solution for copyrights, for the maximum monetization of independent and major studio contents and especially for the fair treatment of independent video-bloggers like me who are relying on Google to implement Adsense-like monetization on freelance and independent Youtube video projects.