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US-Kentucky. Someone reposted a YouTube video I made years ago. Can I sue for copyright infringement? (self.legaladvice)

throwaway54388 が 投稿

I posted a video of my daughter freaking out when she was startled by a frog for the rest of my family to see. I eventually took it down but someone saved it and then reloaded it as part of a "Best of Freakouts" compilation that has hundreds of thousands of views, but isn't monetized. I'm humiliated by the exposure this has gotten now; I'm assuming that I really can't sue for copyright infringement or emotional distress or slander or any other cause of action as a practical matter, but just want confirmation of this. (And would it have made a difference if both my video and the copy were monetized so I could prove actual monetary damages, or if it were still on YouTube on my channel? What jurisdiction would I have to sue in? Mine, The reposters, or where YouTube is located? Thanks.

Thanks so much.

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[–]frisian2Quality Contributor 19 ポイント20 ポイント  (0子コメント)

You could use Youtube's own complaint system.

[–]swalsh411Quality Contributor 13 ポイント14 ポイント  (0子コメント)

It sure doesn't take much to humiliate you. Just complain to Youtube they have a system.

[–]tokyolunchboxes 1 ポイント2 ポイント  (2子コメント)

Something people are ignoring is the licensing. YouTube has two forms of license - Creative Commons and the Standard YouTube License. If the video was uploaded with creative commons, then you granted everyone the right to re-upload your video and include it in compilations. I wasn't sure about the terms of the Standard YouTube License, but after reading it I found the following in it:

You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service.

Which sounds to me like you are also granting other users the right to re-upload your content. If I'm interpreting that correctly then by uploading the video to YouTube under either of the available licenses, you granted people the rights to do exactly what you're describing in your OP.

[–]Mdcastle 0 ポイント1 ポイント  (0子コメント)

Hmm. I wonder if YouTube is actually trying to encourage this type of thing since compilations normally allow ads and produce lots of views?

[–]Mdcastle 0 ポイント1 ポイント  (1子コメント)

Although this is stupid I realize that anyone can sue anyone for anything no matter how ridiculous, so I am curious what jurisdiction it would be.

[–]Rabl 1 ポイント2 ポイント  (0子コメント)

"The [federal] district courts shall have original jurisdiction of any civil action arising under any Act of Congress relating to…copyrights…. No State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to…copyrights." 28 U.S.C. § 1338(a).