Friday, October 4, 2013

My response to YouTube telling me to go email myself - 4 October 2013

To the YouTube Copyright Team

I refer to your email below and to our earlier correspondence.  It appears that your email contains an error.

Your email states that I "may resolve this issue directly with the claimant at [MY EMAIL ADDRESS]@gmail.com".  That email address is my email address and is not the email address of the claimant.  You have previously indicated that "********@sonymusic.com" is the email address of the claimant.  Would you please confirm that this is the case.

As I have repeatedly requested, please identify the exact legal entity that has made a claim of infringement of copyright in respect of my video "Star Wars - The Election Edition" (accessible at "http://www.youtube.com/watch?v=H1lYCbjzQ4I").  You have previously referred to that entity as "SME".  If known to you, would you also please provide the contact details of the person or persons at "SME" whom I should contact in relation to my claim.

A number of the emails I have received from "the YouTube Copyright Team" appear to contain pro forma text and are not responsive to the specific questions I have asked.  If you are unable to answer my specific queries, would you please forward my correspondence to a person within YouTube who is able to respond to my queries or, alternatively, to a member of your legal department.

I understand that YouTube says that it does not mediate or resolve copyright disputes.  All I am trying to do is to ascertain the entity which claims that I am infringing its copyright so that I may correspond with that entity directly.

Kind regards 

Hugh Atkin

YouTube tells me to go email myself - 4 October 2013

I've been asking YouTube for four weeks now to identify the exact legal entities claiming that my videos infringe their copyright.  I'm not asking YouTube to resolve the dispute, I just want to know who the claimants actually are so that I can contact them directly.

YouTube's latest email to me (posted below) suggests that I can contact the claimant directly at my own email address.  This is becoming farcical.


Hello,
Thank you for your message.

The claimant has reviewed your dispute and reaffirmed its claim to your video. Specifics of the policy applied to your video are in the Copyright Notices section of your YouTube account.

You may click the underlined link to the right of the video's Edit menu to learn more about this claim.
If you are certain this claim was made in error, you may be able to appeal the claimant’s decision. Eligible users will see an “I want to appeal a disputed claim” link. Please note that an appeal may result in a copyright strike and the removal of your video.

Alternately, you may resolve this issue directly with the claimant at [MY EMAIL ADDRESS]@gmail.com

Please note that YouTube does not mediate copyright disputes.

Regards,

The YouTube Copyright Team

Thursday, October 3, 2013

A further email to YouTube - 3 October 2013

To the YouTube Copyright Team

I refer to our respective emails of 14 September and 12 September 2013.  This email adopts the definitions used in my email of 12 September.
 
I have not yet received a response to my email to you of 14 September. Would you please indicate when you will provide a response.
 
In your email of 14 September you stated: "you may resolve this issue directly with the claimant at ********@sonymusic.com and *********@umusic.com".
 
On 14 September, I sent emails, on which you were copied, to both of the email addresses you have provided.  Those emails requested responses within seven days.  I have received no responses from either address nor have I received any acknowledgement of receipt of my emails.
 
From my Copyright Notices page, it appears that the copyright claim of "UMG" in respect of the 2012 US Presidential Election video is no longer maintained.  However, the copyright claim in respect of the 2007 Australian Federal Election video remains in place and I remain unable to appeal it.

Again I request that you respond as a matter of urgency to the specific questions I have asked by my earlier emails.

Kind regards
 
Hugh Atkin

A further email to "SME" - 3 October 2013

To the proper officer,

I refer to my email below of 14 September 2013.

My email requested a response within seven days.  I have not yet received a response.
 
Would you please indicate when you will respond to my email.  At the very least, would you please acknowledge receipt of my email of 14 September and of this email.
 
As stated in my email of 14 September, in the absence of any explanation by "SME" of its reasons for maintaining a claim of infringement of copyright in respect of my video, I fail to understand what reasonable good faith basis "SME" can have for such a claim.  I reserve all of my rights in this regard.
 
Kind regards

Hugh Murray Atkin
** ********** Road
Erskineville   NSW   2110
Australia

Update on copyright issues

Thanks to all who have expressed concern and support regarding my attempts to address the copyright claims made in respect of my videos.

I've received no response from YouTube, "UMG" or "SME" to any of my emails of 14 September 2013 (posted below).

From the Copyright Notices page of my YouTube account, it does appear that "UMG" has released its claims in respect of "Will the Real Mitt Romney Please Stand Up (feat. Eminem)".

I've sent further emails today to YouTube and "SME" which I'll post here for those interested.  I suspect that the readers of this blog may be the only actual humans reading some of these emails in what appears to be a largely machine-driven process. It's frankly very unsatisfactory that YouTube suggests that issues may be resolved by contacting claimants directly only to have my emails to those claimants unreturned.

 

My email to "SME" - 14 September 2013

To the proper officer,
Your email address has been provided to me by YouTube
 
According to YouTube, an entity known or referred to as "SME" claims to administer a sound recording used in a video I created.  The video is called "Star Wars - The Election Edition" and can be accessed at this URL "http://www.youtube.com/watch?v=H1lYCbjzQ4I".  

Earlier this year, I lodged a formal dispute of a copyright claim made by "SME" in respect of my video and stated the basis of that dispute to be that the use of any sound recording in my video was for the purpose of parody and for the purpose of making satirical political comment in relation to the 2007 Australian Federal Election.  I further stated that, as such, any such use constituted fair use or fair dealing within the meaning of US, Australian or other similar copyrightlaws.

It appears that this dispute was rejected by "SME".  No reasons for the rejection of this dispute have been given by "SME".  
 
If you are aware, would you please indicate the precise legal entity that is designated by "SME" and, whether or not it is the same, the precise legal entity that has rejected my dispute of its copyright claim.  If, as I understand to be the case from YouTube, you represent that entity, would you please state the reasons of "SME" for rejecting my dispute and for maintaining a claim of infringement of copyright in respect of my video.
 
In the absence of any such explanation, I fail to understand what reasonable basis "SME" can have for claiming that my video infringes any copyright.  I request that "SME" release any claim in respect of my video immediately and confirm that it will not make such claims in respect of the video in the future.  
 
I apologise to you in advance if you are not the correct person to contact in relation to this matter.  If you are not the correct person, would you please provide me with the contact details of the correct person if they are known to you.

I look forward to your response and I request that you respond within seven days.
 
Kind regards
 
Hugh Murray Atkin
 
** ******** Road
Erskineville   NSW   2110
Australia

Saturday, September 14, 2013

My email to "UMG" - 14 September 2013

Dear Ms *****

Your email address has been provided to me by YouTube. 

According to YouTube, an entity known or referred to as "UMG" claims to administer a sound recording used in a video I created.  The video is called "Will The Real Mitt Romney Please Stand Up (feat. Eminem)" and can be accessed at this URL "http://www.youtube.com/watch?v=bxch-yi14BE".  

Earlier this year, I lodged a formal dispute of a copyright claim made by "UMG" in respect of my video and stated the basis of that dispute to be that the use of any sound recording in my video was for the purpose of parody and for the purpose of making satirical political comment in relation to the 2012 US Presidential Election.  I further stated that, as such, any such use constituted fair use or fair dealing within the meaning of US, Australian or other similar copyright laws.

It appears that this dispute was rejected by "UMG".  No reasons for the rejection of this dispute have been given by "UMG".  

If you are aware, would you please indicate the precise legal entity that is designated by "UMG" and, whether or not it is the same, the precise legal entity that has rejected my dispute of its copyright claim.  If, as I understand to be the case from YouTube, you represent that entity, would you please state the reasons of "UMG" for rejecting my dispute and for maintaining a claim of infringement of copyright in respect of my video.

In the absence of any such explanation, I fail to understand what reasonable basis "UMG" can have for claiming that my video infringes any copyright.  I request that "UMG" release any claim in respect of my video immediately and confirm that it will not make such claims in respect of the video in the future.  

The actions of "UMG" have caused and are continuing to cause me financial loss.  I reserve all of my rights in this regard.

I apologise to you in advance if you are not the correct person to contact in relation to this matter.  If you are not the correct person, would you please provide me with the contact details of the correct person if they are known to you.

I look forward to your response and I request that you respond within seven days.

Kind regards

Hugh Murray Atkin

** ********* Road
Erskineville   NSW   2043
Australia

My reply to the "YouTube Copyright Team" - 14 September 2013

To the YouTube Copyright Team

Thank you for your email.

With respect, your email fails to answer a number of the questions I had asked in my earlier email.  Again, I request:

1) Would you please identify the precise legal entity which you refer to as "UMG".
2) Would you please identify the precise legal entity which you refer to as "SME".

Your email notes that I may be able to appeal the decision of "UMG" or "SME".  As stated in my earlier email, my YouTube Copyright Notices page indicated that I am currently not eligible to appeal the rejection of the disputes made by either entity.  My earlier email expressly requested that you explain why this is so and I continue to request that you explain this.

Thank you for providing me with email addresses for the claimants.  Again, would you please confirm who precisely the claimants are and which email address pertains to which claimant.

I appreciate your assistance in this regard.

Kind regards

Hugh Atkin

A non-responsive response from YouTube - 14 September 2013

Hello,
Thank you for your message.
The claimant has reviewed your dispute and reaffirmed its claim to your video. Specifics of the policy applied to your video are in the Copyright Notices section of your YouTube account.
You may click the underlined link to the right of the video's Edit menu to learn more about this claim.
If you are certain this claim was made in error, you may be able to appeal the claimant’s decision. Eligible users will see an “I want to appeal a disputed claim” link. Please note that an appeal may result in a copyright strike and the removal of your video.
Alternately, you may resolve this issue directly with the claimant at *********@sonymusic.com and *********@umusic.com
Please note that YouTube does not mediate copyright disputes.


Regards,
The YouTube Copyright Team