What can you do when someone uses your content without permission
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- เผยแพร่เมื่อ 3 ต.ค. 2024
- What can you do when someone uses your content without permission?
Hi, I'm attorney Gordon Firemark, and this is Asked and Answered, where I answer your entertainment law questions, to help you take your career and business to the next level.
There are several approaches that you can take, and I’m going to present them in order from least-to-most adversarial.
So you’re going about your business and you discover someone’s lifted some of your stuff… Whatever kind, maybe it’s an article from your blog, or a photo from your website, or maybe it’s something more substantial like a script, book, or what-have-you.
IS IT SOMETHING YOU REALLY OWN?
First, let’s make sure we’re talking about something that actually CAN be legally protected.
You see, intellectual property law only protects certain things. Patent law protects inventions, Trademark law protects brand names, and copyright law protects original expression of ideas. (Not the ideas themselves, and not facts… Those aren’t protected at all).
DMCA TAKEDOWN PROCEDURE
If the infringement is happening online, using a digital information service… Like a website, TH-cam, or what-have-you, then you might be able to get the service to take-down the offending material using the DMCA Takedown Notice Procedure. The DMCA stands for Digital Millennium Copyright Act, and provides for a so-called “safe harbor” for services that carry user-generated content, IF they have a procedure for taking down infringing content their users post.
The process is simple, you send them a properly worded DMCA Takedown Notice, and (sometimes this can be done using an online form), that provides the details about the infringing material… And then the service provider takes the appropriate action.
That’s the end of it, unless the user who posted it files a counter-notice, in which case the material gets put back up, and you can then choose to sue for copyright infringement.
ESCALATING REQUESTS TO DEMANDS TO LAWSUITS
But if the infringement isn’t happening online, like if it’s print, or film, or a recording, or so-called “old media” of some sort, then you’re going to have three choices.
1. Ask the infringer to stop
2. Send a written Cease and Desist demand
3. File a lawsuit
ASK NICELY IF IT CAN WORK
Now, I usually recommend following this approach in sequence. Sometimes, people infringe copyrights inadvertently, or just ignorantly. They didn’t know they needed permission. So when a rights-holder calls or writes them and politely asks them to stop the infringement… They do.
But if you skip the “more flies with honey” approach, and jump right to the Cease and Desist Demand (which is sometimes very appropriate), you ARE more likely to get some push-back in response. That just escalates things, and winds up costing everybody legal fees.
CEASE AND DESIST DEMAND
A Cease and Desist Demand is really just a strongly-worded lawyer-letter (or Nastygram) as some folks call them. In it, it declares who the rightful owner is, what’s being infringed and how, and presents a demand for the infringer to take various steps.
Remember, I’ve characterized this as a DEMAND. Some people mistakenly refer to this as a “Cease and Desist ORDER”, but unless something comes from a Judge it’s really better viewed as a formal request for compliance. Without a judge, a hearing, and a ruling, it just doesn’t carry the full force and weight of a law.
So if they resist, refuse, or just drag their feet, the next step is file a lawsuit against the infringer.
Now, remember, suing someone means you’ve got to prove some elements.
For copyright infringement, you have to prove the following things:
1. You own a valid copyright
2. Defendant copied the work in question… Which means you prove that there was both ACCESS, and SUBSTANTIAL SIMILARITY…
3. You sustained damages, unless you’d registered your copyrights within 3 months of publication, and so can claim statutory damages.
Oh, yeah… And you’ve got to be prepared to demonstrate why the alleged copying ISN’T Fair Use. But that’s an explainer for another day.
So, there you have it.
If someone is using your content without your permission, here are the steps.
1. Make sure what you’re claiming is yours really IS, and is protected under the law.
2. Ask nicely, if there’s any chance that doing so will get the desired result.
3. If it’s an online infringement, use the DMCA Takedown Notice Procedure
4. Have a lawyer send a Cease and Desist Demand
5. File a lawsuit.
Unfortunately, if you own a piece of intellectual property and it gets infringed, you pretty much HAVE to do something about it. Otherwise, there’s a doctrine of law that can actually strip you of your rights. So don’t sit on your hands. If you don’t protect your stuff, the law won’t either.
That’s it for this Asked and Answered explainer.
If you’ve got a question you’d like to see answered here, visit firemark.com/qu....
I’ll see you again soon.
Mr. Firemark, Thank you for taking the time to post this video and then to reply to individuals that have questions.
I create and sell instructional video downloads on magic (sleight-of-hand techniques) on various websites. Recently, it was brought to my attention that a TH-cam channel had posted about 15 of my videos in their entirely on their channel. Again, these are NOT videos that I give away on TH-cam - I sell them on other sites. This person was giving them away (and robbing me of potential income) for nothing on his TH-cam channel. Clearly I have a copyright infringement case on my hands, yes? These videos use all original music, were written and filmed either by me or by people working with me, and have been for sale for several years in many cases. Several of them have been complied onto DVDs that we also sell. They have NEVER been given away for free.
I contacted TH-cam using their in-house "Report" form and they have removed the videos from the offending channel. My question is this: if I want to pursue some sort of damages against this individual, how do I force TH-cam to tell me who he is? I don't hold TH-cam responsible for this - they're just the "messenger" so to speak. But I'm not happy with just having the content removed. I want to punish this individual if possible. I sell these videos for anywhere between $5.00 and $15.00 each. I added up all of the views that this person had given away and it totaled in the 1000s. At an average of $10 each that's a significant amount of lost revenue to me - anyone who got if for free on TH-cam obviously didn't have to buy it from the other sites I work with.
Do I have any recourse? Can I demand that TH-cam tell me who this person is? I realize that TH-cam channels can be set up with little more than an email address, but can I demand names of account holders, IP addresses, any physical addresses on file, etc?
Incidentally, this is a significant problem in the instructional video world. Magic teachers (like myself), music teachers, and instructors of all types have their original content that they charge money for on other platforms uploaded to TH-cam without their consent. Other than demanding that it be removed, is there anything that can be done to the real culprits?
Thank you for your time.
Hello. There's a small brand who took my video clip (5 seconds clip from my youtube video) and is using it for their marketing purposes.
What should I do?
Hi,
What can I do if someone uses part of my TH-cam video that I filmed and created, to advertise their product on eBay to sell? I wasn't even using their product in the video but they using it to advertise their product without credit or permission.
Thanks
DMCA takedown. Use eBay’s copyright complaint form and they will act on it swiftly
Someone stole my TH-cam videos (my own ideas) and is posting them to a Facebook page. Is this copyright? Is there anything I can do?
There is something that is overkill but works; Cease and Desist.
Report the video for copy right
Can someone maliciously register copyright on work that they didn’t create?
When filing a lawsuit and you win can you make the person have to pay you back for the court expenses you had to pay to sue them?
Hi , my 2 year old daughter who I have FULL custody of is being used as a “character” in a TH-cam series her “father” started without my consent! And I am very very uncomfortable with her being on the show and around certain cast members! What can I do ? I do not want him using her just for props. He is not father of the year but call when he needs her for the show ?! It don’t sit right with me but I still take her to him “whenever “ he calls but I have seen my daughter on TH-cam and I am not comfortable with it whatsoever. Please advise
This sounds like a troubling situation. If your custody agreement doesn't address this situation, you'll need to talk with your lawyer. It's a question of family law, mainly.
What about if someone has taken your work and then slandered you? It’s me speaking to my team?
It sounds like a conversation with an attorney is in order.
I found my film playing on a cable network. I asked my old distributor if they ever sold the rights to them, they said no. I know they profit from my film because they have commercial breaks. I have screenshots of their schedule programming and it's listed there. What should I do?
get a lwayer and sue them
What can you do if somebody posts a video on TH-cam about your entire life and all of your photos with your family and friends?
I am speaking specifically about a family member who just found an entire video about themselves online posted by someone in another country.
I'm shook to the core.
This video has had thousands of views.
This family member is not a celebrity, is a private citizen.
Consult a lawyer… it may be possible to have the video taken down… but free speech under the 1st Amendment does protect truthful information that doesn’t violate privacy, so it may not be an easy case.
What if it is home videos.
Great thanks
Hi, first great educational video! I learned a lot from this. Second, I am currently making a video series and have asked a company to use there trademark for a certain project. While they have said their shouldn’t be a problem, in fact welcome, they would like me to and them a physical letter to let their trade mark lawyers look at it. What would a formal request actually look like?
The stuff that got surpassed: The PATENT LAW and the COPYRIGHT LAW
what if someone used my name in a video, for context theres these jerks at my school literally your typical just them bullying me scenario and i found out recently one of them renamed their username as a form of mocking me and it includes my first and last name, it is clearly zoomed in on for a second meant to be read in the video is there anything i can do to get it taken down or have they won? and i know your going to say "go to the school, or tell your parents" trust me at my school if i did something like that id just become even more of a target to be attacked.
Hi, as you can tell I'm definitely a fan of your work and appreciate what you do for the little guy. I have a simple question, If I shot a video with someone but never gave permission to upload it on TH-cam can I have it removed? Or if I did a song with someone but never gave them permission to upload it to TH-cam can I have it removed? If so how? Than you for your hugely appreciated help🙏🙏
Hello! What if a brand is using my video as advertisement without my consent?
Sounds like straight up copyright infringement. You can get the offending ad taken down using DMCA, send a cease-and-desist letter, and sue them in federal court. I'd recommend consulting an attorney ASAP
thanks a lot a person was reuploading my videos so i did this and it worked!
Ram I'm glad my video helped. Thanks for letting me know,.
:D
My daughter made some videos of herself lip syncing for another popular website and has recently discovered a marketing company based in china using all of them in one of their clients adverts, all edited together. She is paid for these videos the site she posts to and has never given permission for them to be anywhere else, what can she do, as it seems that this company has sold or profited directly from her videos
Hello sir, I'm still young so I don't know how to deal with these things about plagiarism. I just have this situation about someone reuploading one of my videos without permission. I was glad that someone I don't know from online told me that this person has stolen a lot of other people's videos including mine and gave me a link to that video as well. Once I watched it, it was clear that the person stole my video. I just noticed this today in the morning. How can I solve this sir? :v
@Theatre Producer Academy Oh ok thank you sir for the info
Hello there,
An hotel I have been. This morning someone sent one of my pictures they using on their website. What should I do? Thanks
talk to a lawyer in your area or the city where the hotel is located and explore your rights.
I post sports related videos on my TH-cam channel however I see other using my sports footage in documentaries without my permission what should I do about this matter?
hi, I have a question to ask you. If someone (that I have had no relationship or contact with in over 3 years) were to write a book and talk about me and say horrible things about me without my consent to be talked about in the book, is that illegal? could I sue for defamation of character and invasion of privacy? or would it just be a Cease and Detest? This person chose to not say my name in the book, but makes it very clear who exactly she is talking about. plz help.
Hi what if an known artist put your voice note that you sent them in private on his song? Is that illegal? I don’t want to be in song and I never gave him permission. I’ve asked him multiple times to take my voice off the song.
what if someone uses the audio voice recording of your video. but then copies it to different video.
That'd be infringement ... creation of a derivative work without your permission. (unless there's a strong fair-use argument, such as because they're critiquing your video, etec.). You can use the DMCA takedown procedure to get the other video taken down.
@@gfiremark thank you for the response im very new to this and have been unsure in how to get youtube to stop it. ive filed a copyright claim on the video but. im a small and new channel it seems harder to get taken seriously.
Hi, I have a TH-cam channel where I review hair extensions and other content. I was on Instagram and noticed at least two different hair extension companies (whom I’ve never done business with) using my TH-cam video to advertise their hair extensions. What should I do?
submit takedown demands (complaints) to IG. They've got an online form for submitting such complaints. Look in their Terms of Service for the link
If someone posts your cover of a song without your permission, can you take their video down?
What if they originally got your permission (perhaps in writing) but then you revoked it? Would they then be able to keep the content up?
In the law, there's a concept of "reliance". Once they rely on your consent or permission, it's hard to revoke, as they'll have spent money, resources, etc. So be careful and thoughtful before you give permission.
I know a websites were people are doing adult content celebrity fakes and fakes of female TH-camrs you the adult content picture are coming from adult websites with out there permission what should I do
If your name, image or likeness have been used (or faked) without your consent, you may have rights under a right of privacy, right of publicity, or defamation theory. But you'll need to consult a lawyer to help you. If you personally have not been faked, then you don't really have any basis, thought you can report the content to youtube as inappropriate. Beyond that, if the material is showing up on other sites, you can explore those sites' complaint procedures, but such sites generally don't offer much help.
Hey sir how are you ?
I wanna ask you some questions ?
1. How to get permission from youtuber to use their material in my channel.
2. How to use Movie trailers in TH-cam by getting permission from Copyright Owner ?
3. How will I know that they allow me a permission to use their contents
4. What is Suggested by Copyright owner mentioned in some of Trailers Channel below description
Mamta Naik track them down, ask, get it in writing...
If someone records you on video with your conversation and you tell them you do not want it on TH-cam and they put it there anyway and they're monetizing on it, can you sue them?
John, It really depends on a number of factors. Where you were recorded (public or private), and the other circumstances. Generally, though, unless you have/had a reasonable expectation of privacy, there's little you can do to stop someone from showing footage of you on TH-cam. (Except if it's an advertisement, in which case your Right of Publicity might apply, if you live in a jurisdiction that provides such a right)
IS THERE A WAY TO CONTACT DIRECTLY
Contact whom? Me? visit the website. firemark.com.
I have found my film that is copyrighted on youtube with someone making money on ads and youtube has taken it down, but I would like to pursue getting the money that was made on youtube on my film. Any advice? Let's say this person made 2k. That's illegal. Thanks for putting these up. (It was my first film which has a distribution co contract in the US)
If the amount of money is significant, you should sue the person who posted the film. TH-cam is covered by a safe harbor, so can’t be sued, but can be compelled to reveal the poster’s identity.
But lawsuits are very expensive... so you have to ask yourself if it’s worth shelling out for lawyers, etc...
What if you are in a video of a musical performance that you have requested a band to stop using because you are not in the band anymore and they are asking people to email them for the videos? What legal protections or remedies are available?
Probably not much you can do. Since you were a member of the group at the time it was made, you'll probably be deemed to have consented to the recording and exhibition.
BUT, If they're using the video to advertise/promote specific transactions (ads for concerts, events, albums etc) , that *might* be considered a "commercial use" and depending on your jurisdiction you might be able to get THAT to stop, but you probably can't force a takedown from YT, etc. Explore whether your state has a "Right of Publicity" law, or whether "misappropriation of likeness" might apply.
Hey man thank you so much for the info. I do have a question though. Can someone record video of me on private property and then post it on TH-cam? I do believe the person is making money from it.
What has happened is I built a mud bogger called Mongrel and would take it to places that is privet property. This guy would show up and record my truck without asking me. I have found the videos on TH-cam.
@Gordon Firemark Thank you for the info.
hey gordon. i do live streams on facebook. recently i have been broadcasting protests in buffalo. the film of the old man falling is mine. and various reporters and bloggers took my videos without asking permission. can i do anything about it?
FootballGoals 1 still nothing. probably won’t be able to do anything about it until my platform is big enough to reach those who took it
Mr. F - You are a very though provoking guy. A Question on Cover Songs. I want to record a Cover of someone else's cover (and I have purchased the Mechanical Rights thru EasySong - a service that collects the Royalties). A previous Band has already covered and has added a new and recognizeable "twist" or arrangement to background harmonies to their version, and they have Registered a Sound Recording on it. If I incorporate this conceptual "twist" (not a Sample of the actual SR) into my new Cover, do I need to get permission, or pay some type of Royalty for releasing my version? The 1st cover artists' names are not on my Mechanical License as the original Song Owners.
It depends who owns the copyright in the arrangement.
I want to know what to do if someone uses your name for a diet supplement on Facebook I recently discovered my name was on a diet pill ad that I had no knowledge of.
Hi i have a question to ask you ? someone took an video of me without my permission and i didn't send them anything the screen recording it and i told them to took it and there not listening to me what should i do ?
A video from another youtube channel of mine (where I made entertainment content) was taken by another channel, was blurred and used as the backdrop for one of their videos. Said person also advertises their Patreon on that video of theirs. If they make money off of my slightly altered youtube video, what are my options?
2gameprinc just do a TH-cam complaint and takedown. Or, sue for copyright infringement, if hiring a lawyer makes sense.
@@gfiremark thanx
I recorded my voice and got someone to make it into a video and at that time I was in a esports team and then they uploaded the vidoe without my permission and they later kicked me from the team but they are still using and uploading more vidoes containing my voice and promoting it over social media is that breaching a law since I'm a minor
Should I press "Copyright infringement (Someone copied my creation)" if it's not mine & someone else's & I KNOW that they didn't get permission. Please respond.
Team Roise if it’s not your work that’s been infringed, you lack “standing to sue”, and pressing a complaint would be an abuse of the process. Since you or your lawyer will have to claim ownership, and swear an oath under penalty of perjury when making your complaint, you could find yourself facing some pretty severe consequences.
@@gfiremark pls help me I want to delete my videos from my other mobile which is totally damaged pls help firemark
wasila & arfa no idea how I can help with that. Sounds like a tech issue
Thanks for sharing your knowledge, really appreciate it Mr. Firemark. I have a question. H ? ow much of someone else's material do one has to use to claim copyright infringement ? Example: If I have lyrics saying "I m in my zone" ans someone used those same words in their song, is that enough material to say someone has infringed on your rights?
Vanessa Norton there's no set amount or rule of thumb. A short lyric like you've described probably isn't enough, through. The test is that the two works have to be "substantially similar".
Hey... Someone uses my moms song in some videos and in appropriate vid without permission... What can I do... Please respond...
Soyai Mahongnao if she is still the owner of copyright, then SHE (not you) can use the DMCA takedown procedure to get the videos removed from TH-cam and elsewhere on the web. She may also be able to sue the infringers. She should contact a lawyer for help with the lawsuit. dMCA can probably be handled without a lawyer, at least at first.
Hi there, I'm very much hoping you can help me, my situation is a bit of a story but any advice you can give me would be amazing!
Last year I posted a video reviewing a hat that I bought from Wish. A few days ago a subscriber of mine let me know that a small company had taken footage of me trying on that hat from that video without my permission to advertise their product on facebook and instagram: it's a hat that looks very similar to the one I reviewed in my video.
The clip that they used in the ad makes it look like I'm trying on this companies hat and endorsing it when in reality I've never had any experience with that company and I don't know anything about their product.
I messaged the company straight away and asked them to remove the ads as they never asked for my permission. They didn't respond so I reported the ads on facebook and instagram which have been taken down, but the company have messaged me now and I quote "before publishing any content to our page we were sure to thoroughly read over TH-cam and Googles fair use policy on videos and video ads".
I feel like I'm right in saying that what they did with using my content the way that they have is not fair use, but it's a company and being a very small creator I'm feeling pretty intimidated.
Thank you so much in advance for your advice!
Gordon Firemark thank you so much for getting back to me so quickly! I will definitely fight this!
Someone used my name in there song and title without permission please tell me how I do this?
Many people have the same name as you and you cant sue them of having the same name. Its the same here too the name doesnt fully *belong* to you, anyone can name something anything they want unless they are copying *an original work*
@@4DollaSignaken Okay, Thank you!
I asked this bully 2 stop. They actually put my entire you tube on some random you tube channel. Saying watch this if you want a good laugh. Watch Tina try to sing and play guitar while crying for her dead lesbian lover. I wrote this song. I was humiliated. He also found my channel and began saying horrible things to me and my subscribers. I never gave him permission. I have a very small you tube channel. I was singled out. Makes me think its the same woman my adoptive father is with. We've done a cease and desist with her before. @ DH said things only my adoptive father would know. This has been going on for close to 15 years. Im mourning the death of my girlfriend of 30 years. And to have my entire you tube channel giving to god knows how many people is horrible. That is my face. My voice my lyrics my guitar. And dead lesbian lover is extremely offensive. What can I do? Thank you. And the body shaming. Saying Tina is a fat girl. So focused on my sexuality its creepy. I blocked this person. I've reported this person to you tube called my girlfriend who passed away white trash. Enough.
He created you without permission.
Great video! but someone has been catfishing as my boyfriend on Instagram and the person who’s been doing it is @girlsluveli and my boyfriend doesn’t approve at all. but later we found out that the kid @girlsluveli screen recorded my boyfriends whole TH-cam video and made it his and he’s been getting away with it but yet we don’t approve of this activity
Where you able to take down there vidoes? Or sue??
Hi, so I found a video on TH-cam on reviewing a product that I’m selling, and I took that video and edited it. I changed the filter, added different music in the background. Am I allowed to do this and advertise it? Plz help
EazyClaps no. Need permission. You’ve made a “derivative work”, which is infringement if done without permission.
Who else came from urelbird
There's Islamophobia because there's unislamophobia.
yo mr. White beard I got a question for you can you escape this guy out of my hair he called my last name on his description candlefire124 that's a TH-cam name can you please do something about him I do not know what you mean by me watching this whole video but please do something about it