Paul's Passing Thoughts

NOTE: Do not delete ANYTHING from your You Tube administrator before you file your counter notification. 

For anyone who runs into this situation with You Tube, I thought documenting my journey in the procedure might be helpful. Besides, several have asked how it is going and if I am back to good standing with You Tube (not yet).  FINALLY, maybe because I am slow, the following is the full dope on the procedure:

http://www.youtube.com/yt/copyright/counter-notification-requirements.html

Counter Notification Requirements

If you are planning to submit a free-form copyright counter notification, it must include the following specific elements.

Please note: We are unable to take action on incomplete counter notifications.

1. Your contact information

You’ll need to provide the following information that will allow us to contact you regarding your request:

1. Full legal name
2. Email address
3. Physical address
4. Telephone number

2. Identification of the specific URL(s)

Please include the URL(s) of the exact video(s) or we will be unable to reinstate them. The URL should be in the following format: http://www.youtube.com/watch?v=xxxxxxxxxxx. Your counter notification must include specific links to the material that has been removed or disabled. General information about the video, such as a channel URL or username, is not adequate.

3. You must agree to and include the following statement:

“I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant.”

4. And the following statement:

“I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”

5. Your signature

Complete counter notifications require your physical or electronic signature, or the signature of a representative authorized to act on your behalf, such as an attorney. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your request.
You may submit these requests via email, postal mail, or fax, being sure to include the requirements above.

http://www.youtube.com/yt/copyright/copyright-contact-info.html

Copyright Contact Information

For anyone who runs into this situation with You Tube, I thought documenting my journey in the procedure might be helpful. Besides, several have asked how it is going and if I am back to good standing with You Tube (not yet).  Determining the procedure is not easy, but it boils down to sending the gist of your argument to You Tube via a certain email address:

copyright@youtube.com,

On 10/1/13, an invalid copyright claim was made against me concerning video xx0_94DykXw.
Hence, the one strike I have on my account is completely unwarranted for the following
reasons:

1. The complaint appears to be filed by a third party not the creator of the video.

2. The video is under Fair Use because it was a public announcement.

3. The video is under Fair Use because it was used to critique the announcement.

4. The creators of the video state in the video, that the substance of the video is not
original with them, but they are merely speaking for the Creator.

Paul Dohse.
cc. Ronald P. Keller, Attorney at law.

You Tube sent me a confirmation email with the following information 
that readers have also been asking about:

Re: [5-5592000001758] Invalid Copyright Claim

Thanks for contacting YouTube! You've reached the copyright and DMCA
compliance team. Your message has been received and is now queued for
review. Please note that general help inquiries won't be answered here. For
help with other site-related issues, please visit our Help Center at
http://help.youtube.com. If you wish to report abuse or inappropriate
content, please visit
http://help.youtube.com/support/youtube/bin/topic.py?topic=13044, or if you
feel you have a privacy request, please visit
http://help.youtube.com/support/youtube/bin/answer.py?answer=78346.

If you're requesting removal of a video that is allegedly infringing your
copyright, please make sure that you have provided us with all of the
required information in order to process your complaint. Providing
incomplete information may delay the processing of your claim. For the
requirements of DMCA notification, or if you have questions about our DMCA
policy, please see: http://www.youtube.com/t/dmca_policy

Did you know that YouTube offers copyright owners a tool for submitting
notifications more easily? If there are many videos to be removed, or you
expect to have an ongoing need to remove potentially infringing content
from YouTube, we suggest that you sign up for our Content Verification
Program, which electronically notifies us, removing any room for error, and
significantly increases the speed at which we are able to remove any
infringing content. To sign up for this tool please visit:
http://www.youtube.com/t/copyright_program

Regards,
The YouTube Team

Maybe a reader can answer a question for me. 
In the following notice, any idea who or what "WITW" represents? 

Harvest Bible Chapel has filed a complaint against PPT with YouTube claiming copyright infringement. The complaint concerns the infamous, and haughty video by James MacDonald and four of his elders. The Elephant’s Debt .com reported on the video here.

The validity of the complaint is very questionable, crippled PPT’s media operations yesterday (and continues to do so), and the information is being forwarded to our attorney. As far as we can ascertain at this time, the video was a public statement/announcement and not covered under copyright laws.

YouTube has a zero tolerance policy on filing false infringement complaints, but HBC uses Vimeo and would have little to lose in that regard. Furthermore, and also against civil law/You Tube policy, it would appear that the complaint was filed anonymously on behalf of HBC.

The video and the post have been pulled down from the HBC website. The complaint against PPT was filed after this took place, so it would appear that HBC wants to eliminate any documentation of the video. The question of whether or not an unpublished press release is covered under copyright laws will also be presented to our attorney. PPT has a standalone file of the video which slanders two former elders of HBC in a process that was blatantly unbiblical. Also, in the video, James MacDonald claims that the HBC elders speak for God Himself.

So, can that be copyrighted? How is that their own intellectual property? Legally, by James MacDonald’s own claims, can anything coming out of HBC be copyrighted? Are they not plainly stating that it is not their own intellectual property?

paul