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I know there’s some lawyers here and I can’t for the life of me remember who. If you are one could you please DM me? Just want to know our options if blatant plagiarism keeps happening.
Lawyers on tPB
- Thread starter HuskerGarrett
- Start date
Welcome to tPB!
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Lawyers on tPB
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I know who you are talking about on YouTube.
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Not a lawyer but here is some AI slop. DMCA takedown notice seems like the best option. Here is the process straight from Google:
support.google.com
If you’re the copyright owner of the paid content (or an authorized representative), you have several legal options to address this infringement. Note that this is general information based on U.S. copyright law, which often applies to online platforms like YouTube; laws may vary by jurisdiction, and you should consult an attorney for advice tailored to your situation.
1. File a DMCA Takedown Notice with YouTube
The Digital Millennium Copyright Act (DMCA) provides a straightforward way to request removal of infringing content from online platforms. YouTube has a specific process for this, as it’s required to respond to valid notices to maintain safe harbor protections. Here’s how it works:
• Requirements: You must be the copyright owner or authorized to act on their behalf. Provide your contact info, a description of the copyrighted work, the URL of the infringing video, and sworn statements affirming good faith belief in the infringement and accuracy of the info (under penalty of perjury).
• Steps:
• Sign in to YouTube Studio (studio.youtube.com) and navigate to the “Copyright” section to start a new removal request.
• Alternatively, email copyright@youtube.com (or use fax/mail) with the required details.
• You can opt to delay the takedown by 7 days to give the uploader a chance to remove it voluntarily, avoiding a strike on their channel.
• What happens next: YouTube reviews the notice for completeness. If valid, they remove the video and may issue a copyright strike to the uploader’s channel (three strikes can lead to termination). The uploader can file a counter-notice if they believe it’s a mistake, potentially restoring the video unless you pursue legal action. If the content is monetized, removal stops their earnings from it.
• This is often the fastest and least expensive option, but it doesn’t provide monetary compensation directly.
2. Send a Cease-and-Desist Letter
Before escalating, you can send a formal letter to the infringer demanding they stop using your content, remove the videos, and cease monetization. This can be done via email, certified mail, or through an attorney.
• Include evidence of your ownership (e.g., registration if applicable, though not always required), details of the infringement, and a deadline for compliance.
• If they ignore it, this letter strengthens your case for willful infringement later, which can increase damages in court.
• You might also contact the message board administrators, as sharing paid content likely violates their terms of service, leading to the user’s account suspension or content removal there.
3. Pursue a Lawsuit for Copyright Infringement
If the DMCA process isn’t sufficient (e.g., repeated infringement or significant financial harm), you can file a federal lawsuit against the infringer. Registration of your copyright with the U.S. Copyright Office is required before suing (or within three months of publication for full remedies).
• Available remedies:
• Injunction: A court order to stop the infringement and remove the content (preliminary or permanent).
• Damages: Actual damages (your lost profits from the paid content) plus the infringer’s profits from monetization. Alternatively, statutory damages up to $30,000 per work ($150,000 if willful).
• Attorney’s fees and costs: Recoverable if you win, especially with timely registration.
• Impoundment: Seizure of infringing materials.
• In severe cases (e.g., commercial-scale willful infringement), criminal penalties like fines or imprisonment could apply, though rare for individual YouTube cases.
• Venue: Federal court, often in the infringer’s district or where the harm occurred. If damages are under $30,000, consider the Copyright Claims Board (a small claims-like option) for a faster, cheaper process.
Additional Considerations
• Proof of ownership: Document that the content is original and copyrighted (automatic upon creation, but registration helps).
• Fair use defense: The infringer might claim fair use (e.g., commentary or parody), but reposting paid content wholesale for monetization is unlikely to qualify.
• International aspects: If the infringer is outside the U.S., enforcement can be harder, but YouTube (a U.S. company) still honors DMCA notices globally.
• Prevention: Watermark your content or use YouTube’s Content ID system if you upload originals there to automatically detect and monetize/block copies.
Acting quickly is key, as statutes of limitations (typically three years) apply. Start with DMCA for immediate removal, then escalate if needed.
/ISPOILER]
Submit a copyright removal request - YouTube Help
If your copyrighted content is on YouTube without your permission, you can submit a copyright removal request, which is a legal process. For videos, submit
support.google.com
If you’re the copyright owner of the paid content (or an authorized representative), you have several legal options to address this infringement. Note that this is general information based on U.S. copyright law, which often applies to online platforms like YouTube; laws may vary by jurisdiction, and you should consult an attorney for advice tailored to your situation.
1. File a DMCA Takedown Notice with YouTube
The Digital Millennium Copyright Act (DMCA) provides a straightforward way to request removal of infringing content from online platforms. YouTube has a specific process for this, as it’s required to respond to valid notices to maintain safe harbor protections. Here’s how it works:
• Requirements: You must be the copyright owner or authorized to act on their behalf. Provide your contact info, a description of the copyrighted work, the URL of the infringing video, and sworn statements affirming good faith belief in the infringement and accuracy of the info (under penalty of perjury).
• Steps:
• Sign in to YouTube Studio (studio.youtube.com) and navigate to the “Copyright” section to start a new removal request.
• Alternatively, email copyright@youtube.com (or use fax/mail) with the required details.
• You can opt to delay the takedown by 7 days to give the uploader a chance to remove it voluntarily, avoiding a strike on their channel.
• What happens next: YouTube reviews the notice for completeness. If valid, they remove the video and may issue a copyright strike to the uploader’s channel (three strikes can lead to termination). The uploader can file a counter-notice if they believe it’s a mistake, potentially restoring the video unless you pursue legal action. If the content is monetized, removal stops their earnings from it.
• This is often the fastest and least expensive option, but it doesn’t provide monetary compensation directly.
2. Send a Cease-and-Desist Letter
Before escalating, you can send a formal letter to the infringer demanding they stop using your content, remove the videos, and cease monetization. This can be done via email, certified mail, or through an attorney.
• Include evidence of your ownership (e.g., registration if applicable, though not always required), details of the infringement, and a deadline for compliance.
• If they ignore it, this letter strengthens your case for willful infringement later, which can increase damages in court.
• You might also contact the message board administrators, as sharing paid content likely violates their terms of service, leading to the user’s account suspension or content removal there.
3. Pursue a Lawsuit for Copyright Infringement
If the DMCA process isn’t sufficient (e.g., repeated infringement or significant financial harm), you can file a federal lawsuit against the infringer. Registration of your copyright with the U.S. Copyright Office is required before suing (or within three months of publication for full remedies).
• Available remedies:
• Injunction: A court order to stop the infringement and remove the content (preliminary or permanent).
• Damages: Actual damages (your lost profits from the paid content) plus the infringer’s profits from monetization. Alternatively, statutory damages up to $30,000 per work ($150,000 if willful).
• Attorney’s fees and costs: Recoverable if you win, especially with timely registration.
• Impoundment: Seizure of infringing materials.
• In severe cases (e.g., commercial-scale willful infringement), criminal penalties like fines or imprisonment could apply, though rare for individual YouTube cases.
• Venue: Federal court, often in the infringer’s district or where the harm occurred. If damages are under $30,000, consider the Copyright Claims Board (a small claims-like option) for a faster, cheaper process.
Additional Considerations
• Proof of ownership: Document that the content is original and copyrighted (automatic upon creation, but registration helps).
• Fair use defense: The infringer might claim fair use (e.g., commentary or parody), but reposting paid content wholesale for monetization is unlikely to qualify.
• International aspects: If the infringer is outside the U.S., enforcement can be harder, but YouTube (a U.S. company) still honors DMCA notices globally.
• Prevention: Watermark your content or use YouTube’s Content ID system if you upload originals there to automatically detect and monetize/block copies.
Acting quickly is key, as statutes of limitations (typically three years) apply. Start with DMCA for immediate removal, then escalate if needed.
/ISPOILER]
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Is Wilson Dipshit Sports at it again?
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@Kaladin and @God is a Husker are both legal beagles. They may be able to point you in the right direction.
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I wish @eloot was still on the board. He'd take care of it the old fashion way - Jersey style.
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I'm not a lawyer, but have we ruled out beating the shit out of him?
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Just hire it out Pepe. We don't need you posting on RSS from the penitentiary.
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does he need the ole 8” incher?
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#TeamPlayer
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If this is regarding @BingoDingo trying to copy my posting style, it’s really nbd.
I find it flattering. (Kinda adorable IWBH)
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BingoDingo
Absolute Idiot
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