Regular readers may recall that a video segment of my ROFLCon presentation was removed from YouTube based on a copyright claim by the owners of the song “Crank Dat (Soulja Boy).”
Per DMCA, I challenged this claim using the Chilling Effects counter-notification tool.
Today, I received an email stating the follow:
since the identification of the claimed content was automated, we are unable to accept your counter-notification at this time
Can anyone explain this to me?
This is my response:
Date: Fri, 16 Jan 2009 12:23:38 -0500
From: “Kevin Driscoll”
To: “Copyright Service”
Subject: Re: [#382716276] Mistaken removal
I am not a lawyer so you will have to forgive my ignorance to the
nuances of your copyright policy. From my perspective, an automated
identification seems much more susceptible to error than one made by a
I am deeply troubled that you will not accept my counter-notification.
Please advise on how I may challenge this error and have my video restored.
On Fri, Jan 16, 2009 at 12:01 AM, Copyright Service
> Dear Kevin,
> Thank you for your counter-notification. Your video has been identified by
> YouTube’s Video Identification system as containing content owned by
> Universal Music Group. In this case, however, since the identification of
> the claimed content was automated, we are unable to accept your
> counter-notification at this time. Rest assured that your account has not
> been penalized in cases of automated identification.
> Please see our recent blog post regarding this topic for more information:
> We’re glad you take copyright laws seriously – YouTube does too. In
> general, you must be certain that your video does not infringe someone
> else’s copyright before you upload it to our site. We cannot make this
> determination for you, it’s your responsibility to know the rules, but we
> suggest you refer to our Copyright Tips at
> http://www.youtube.com/t/howto_copyright, where we’ve provided some
> guidelines and links to help you determine whether your video infringes
> someone else’s copyright.
> The YouTube Team
> Original Message Follows:
> From: “Kevin Driscoll”
> Subject: Mistaken removal
> Date: Wed, 31 Dec 2008 00:14:05 -0500
>> Dear YouTube,
>> I have a good faith belief that a video I created was mistakenly
>> disabled on November 24, 2008. You will find further detail in the
>> attached letter.
>> Kevin Driscoll