We have a channel with readings of old books in the public domain [audiobooks]. Recently, we got 20 strikes overnight for our readings of Jane Austen's Pride and Prejudice (reading from Project Gutenberg, giving them credit). The strikes were done by "Markscan Enforcement", as far as we understood a company with an unknown background, from India. After the strikes, the channel was disabled and removed from YouTube, without prior notification.So, as our content is produced by us and the book is in the public domain, we want to apply for a copyright counter-notification and have the following questions for those who have had similar experiences:
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What are the important things to consider for the process? We understand that there are certain things that need to be included, but if someone could explain further. Is there any advice on this?
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Some people say that there may be severe consequences - what may happen? What is the possibility of that?
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Has anyone succeeded in this process? What are our chances?
Thanks so much in advance for your feedback and advice!
Under the DMCA, YouTube is required to reinstate the content within 10-14 days following receipt of a valid counter notice (unless the rights-holder files an action in court before then).
All your counter notice needs to include are the following:
(i) a physical or electronic signature of the user;
(ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(iv) the user’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
So, just follow YouTube’s process (or send the notice to their agent, which you can find in the Copyright Office’s directory) and in your notice include the exact information required, copying the statutory language verbatim for items (iii) and (iv) (e.g. for (iii), “I declare under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”). You don’t need to do anything more than that.
Here’s a decent resource on the basics of counter-notices: https://www.dmlp.org/legal-guide/responding-dmca-takedown-notice-targeting-your-content
Edit: and good luck and keep us posted!
Thank you so much!
You must fill in whatever details are required by the jurisdiction covering the claim, and whatever YouTube have informed you about. Usually these notices are quite clear and it pays to read them closely rather than ask strangers on the internet. That said, at a baseline, if you believe the material you are using is in the public domain in the relevant jurisdiction you can explain this, with references.
'Severe consequences' can happen if you lie, because fraud is a more serious crime. So don't do that.
Lots of people succeed with counterclaims. Your chances are proportional to whether your explanation is valid or not.
Me happened the Same