Youtube - SME Copyrightclaim -> Videodeletion

[kannakamui.de]

Hello guys!

as you might know I did a full Let's Play Shadow Warrior and mailed about it and now the following happened. I got a copyright claim on Level 1 with the song of Stan Bush and I mailed you about it and you agreed, at least from what I understood, that this claim is a failure.
Then the copyrightclaim from "Music Services Asia Pte Ltd" was lifted and "SME" said still no. About this I mailed to you too and you told me, that only Stan Bush has rights for the song "The Touch 1997 Remix" and that I can go on and fight the claim, which I did.

Now the following happened just now:
I got a red screen from youtube telling SME has had my video removed due to me using illegaly "Their" Song. Now I have a full Strike on my youtube account.
Please DO support me in this case, for I have NOT done anything illegal and definitly do NOT want my Videos deleted, banned or anything.

I asked YOU the creators and publisher and you gave me the okay. PLEASE do get in touch with youtube and release this Strike from my account because I did not do anything illegal or bad, I only did as you told me, that I can do.

kind regards,
Jens Heitzmann
Braindead Gaming
https://www.youtube.com/user/HirntotZocken

edit: Now I would be able to do a "Copyright Counter-Notification", where Youtube has this Infotext for me:

Before Submission

To submit a copyright counter-notification, you must be certain that you have the legal right to post the video to YouTube.
By submitting a counter-notification, you consent to disclosing the information provided below, including your name, address and phone number, to the claimant.
A counter-notification is a legal notification to YouTube that the claimant has made a mistake or misidentified your content. To prevent your content from being reinstated to YouTube, the claimant must sue you. If you are not prepared to face the claimant in court, you should not proceed with a counter-notification. If there is any part of this process that is unclear to you, please consult with a lawyer.

[Storm]

Please contact @devolverdigital over twitter

[Hashmallum]

I'll also send an email to devolver quoting your post,

[kannakamui.de]

Thanks !
Don't wonder, I already sent you a mail too.
Just wanted to be super sure it gets through fast, because that red-screen is a red-button alert for me which is better be handled fast.

[Ogre420]

Note to all people doing playthroughs of any games, you want to avoid this kind of hassle TURN OFF THE MUSIC in game and avoid showing cut scenes with any kind of music.

[kannakamui.de]

Originally posted by vaprak:

Note to all people doing playthroughs of any games, you want to avoid this kind of hassle TURN OFF THE MUSIC in game and avoid showing cut scenes with any kind of music.

Funny though I find tons of videos where exactly the same intro is NOT being copyrightclaimed.
http://youtu.be/Tb0qWAtKqlk?t=4m10s
just one of many examples.
If you do a game like GTA where full albums are in, yes totally true, there are radio stations, which can and will lead to problems. Where it is just a standard intro, where even the character sings along AND!!!!! the developers/publisher gives a FULL OK for Let's Plays (what for example Rockstar would never do) even monetized...

Also music is by far not the only problem. On Call of Duty I got a claim about ONE SINGLE IMAGE being seen on the STARTMENU being some protected thing by some other company that doesn't even have ANYTHING to do with games at all and it is just about that one frame.

On another Video they are trying it for just a cluster of Pixel which are not even a real picture you could ever have a copyright on. Also stated being a copyright infriction. That Content ID is pure problems in masses... funnily...

Example: Bethesda, I phoned with them, totally forbis ANY KIND OF MONETIZATION on their games. ANY. NO MATTER WHAT. Thats what they told me. Funny note: I see TONS of videos using monetization on their games, from small youtubers which might get their vids deleted up to Machinima who just monetize everything because they have a "Do whatever you want"-license on youtube. No one can get a video down from them...

So it's by far not as easy as "Turn of the Music".
I can agree only: If a game has more than 3 Radiosongs, ask the developer and/or publisher (only if you know they already allow monetization on their games) if monetization on THAT title is okay too. Because depending on the rights they have the right to publish the song as wanted and with that can give users the rights to use that song AS LONG as it is used with the game, where the song belongs to and is not ripped out or anything "bad".

[Storm]

Don't worry about the strike, as long as you don't get two more your account will be fine, I'm sure devolver will work with you to get the strike removed.

Originally posted by vaprak:

Note to all people doing playthroughs of any games, you want to avoid this kind of hassle TURN OFF THE MUSIC in game and avoid showing cut scenes with any kind of music.

That's a good rule of thumb, although not really applicable in this case, Devolver have licensed the music and give permission to use it in this manner.

[Storm]

Originally posted by bloodpatches.net:

Funny though I find tons of videos where exactly the same intro is NOT being copyrightclaimed.
http://youtu.be/Tb0qWAtKqlk?t=4m10s

It's possible that the video has been claimed but not blocked, my video of the intro that I uploaded pre-release is claimed http://www.youtube.com/watch?v=XcenKOAtdRc , but is still available, the only thing is I can't make money off it, which I wouldn't expect to anyways since I haven't added my own content to it.

[Hashmallum]

Maybe someone doesn't like you and reports all your videos?

Will ask but I really doubt that this 'asia something company' has any rights to the specific version of 'The Touch' track we used.

[kannakamui.de]

Music Services Asia Pte Ltd <-- They released the claim when disputed.
SME - Sony Music Entertainment are the bad ones here, that forced the video to go down.

Since I am a nice guy and never did anything bad to someone and even don't spam my videos everywhere like hell (One of the reasons I have so very little clicks :() I could not think of anyone trying to be bad at me.

But it is nothing new, that people with under 100 subs and 5k+ views per video or at least one video with 100k+ views are being heavily tortured by youtube. I know quite a few fellow youtubers that suffer the same like me.

[kannakamui.de]

Are there any news for me on this one ?
Didn't get any mail, info or anything yet. Twitter has been ignored too.

[kannakamui.de]

Peeps? Have you forgotten about me ?
Please get in contact with me!

[Hashmallum]

I can't help you as I'm only a developer - you have to contact the person who owns the copyrights for the original track and ask for help.

[Lord Infam0us]

YouTube has turned into such ♥♥♥♥, this is disgusting.

[Spectre]

Is there an official monetized youtube lets play policy for this game? I wasn't able to find one and this is all I found, kinda puts me off of doing videos if there hasn't been any solutions for this.

[Hashmallum]

Yeah - you bought the game, play it, record it, do whatever you want.

That's our policy.