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Youtube removed my video of Will & Jada's skit on BET


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Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification claiming that this material is infringing:

Will Smith BET MOVIE AWARDS PROMO: http://www.youtube.com/watch?v=TLHJoI5mKWE

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

(A) A physical or electronic signature of the subscriber.

(B) 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.

© A statement under penalty of perjury that the subscriber 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.

(D) The subscriberis 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 subscriberis 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 ©(1)© or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints

YouTube, Inc.

PO Box 2053

San Mateo, CA 94401

Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,

YouTube, Inc.

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I just wrote them asking them what the f*** their problem is. I worded it nicer though. lol

--------------

I am writing to complain about something. I had a video I posted pulled from your site due to supposed copyright infringement violations. The video in question is a commercial for the 2005 BET Movie Awards that featured Will Smith, his wife Jada Pinkett Smith, and their children doing a humorous video. It was about thirty seconds in length.

I disagree with the decision to pull this on several fronts.

1. What copyright is this video violating? It's of an awards show from over a year ago that was broadcast on television. The video I posted is not available to purchase or download, so what money am I preventing BET (assuming that is who's copyright I'm violating) from collecting?

2. Youtube has a lot of videos on its site. I couldn't begin to assume how many that is, but I'd be willing to bet that at least 60% of those videos are copyright violations. My video is not harming anything. It's in relation to something that happened over a year ago.

3. IT'S A COMMERCIAL!!!! This isn't a movie, a TV show, or a music video (all which can be found on youtube, by the way as of a recent search I did just to see), it's a damn commercial. How is my uploading a commercial affecting DMCA copyrights?

Please let me know about this, because I'm kinda upset over this. A bunch of flagrant things get posted that are OBVIOUSLY copyrighted, but they are up forever, and I post something and it's pulled.

I would also like to know who reported me, or at least what message was sent to you about it.

Thank you very much.

Gary Anderson

jazzysoul06@yahoo.com

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