You Gave Our Channel a Wrongful Copyright Strike from a Video You Already Cleared!!!!
September 2, 2014
Des Manttari, Editor-in-Chief
To Whom It May Concern:
I, Des Manttari, am the authorized agent for the YouTube channel phoenixgenesis (Phoenix Genesis). My channel has been YouTube for over 8 years and we are in good standing.
We had only received one copyright strike in the entire 8 years with over 1 million 20,000 views, and that was resolved in our favor!!!!!!! The video in question has now received a second copyright strke by the SAME COMPANY!!!! How can we get a copyright strike for the same video you previously approved?
Here are the following facts:
On or about June 13, 2014, we posted a video entitled:
Call of Duty: Advanced Warfare Induction Trailer – E3 2014 Xbox Press Conference
We received a copyright strike shortly thereafter by Activision. We filed a dispute and Activision RELEASED THEIR CLAIM. Our site was once again in good standing.
Today, I was curious as to how to use your new video TRIM feature and decided to experiment a bit with it. I picked the video above and made a COPY of it. I trimmed a second or two off the end to see if I was doing it right and the entire time I set the video as PRIVATE as I considered it was something I could dispose of when done as it was just a TEST of your TRIM feature and also because I did not want to be penalized for having a duplicate video.
Despite the fact that I never PUBLISHED the video PUBLICALLY and it wasn’t even done processing the TRIM, I got an email with NO REPLY from YouTube stating that Activision Publishing, Inc. has filed a claim AGAIN for Audiovisual Content!!!!! As previously indicated, this video was previously approved!!!!!! Here’s the video in question, see for yourself:
Copy Call of Duty: Advanced Warfare Induction Trailer – E3 2014 Xbox Press Conference
Is your automated Content ID system so incompetent that anytime we clear the rights to a video and we decided to combine it, trim it, or copy it that we are going to get an unwarranted copyright strike??? And if this is the case, why does YouTube not tell us this in the first place???!!! Are we, as content creators, going to have eight or more entire years and hundreds of videos and views jeopardized by ONE AUTOMATED SYSTEM that was erroneously programmed by some person with obvious human error???? With all the money that Google has made off YouTube, does Google even care about the people who have sweated and slaved to provide this content and who, for the most part, have spent their hard earned money to create it and haven’t made a red cent to date off their videos? I have a team of people who spend their money to help make all these videos to help the public – to both educate and entertain them, and to inspire others to create content for Google and YouTube’s thick pockets. I have an entire team who works for free to promote our videos on social media, including Google+, so that more people can come to YouTube and view more videos and make YOU more money. Yet, rather than being rewarded for those efforts, I, and my team, are being punished??!!!!
We are in good standing with Activision. We worked hard for 14 years to promote them at their press conferences, their E3 Expo events, and to encourage people to play their games. We even created a second YouTube channel (Fragcamp) just to do game commentary on the entire Call of Duty franchise. We did interviews at E3 Expo 2014 this year to promote Call of Duty: Advanced Warfare because we believe in Sledgehammer and Activision as we believe in Infinity Ward and Treyarch. Again, are we to be punished for such brand loyalty????
By copy of this email and my dispute filed, I ask that you, YouTube, Google, and Activision, collectively and together, IMMEDIATELY remove the Copyright Strike filed erroneously against us and in what appears to be bad faith, and to restore our YouTube channel to its good standing where it belongs. Furthermore, since the Call of Duty Advanced Warfare Induction Trailer that I posted today on September 2, 2014 was a copy posted privately for trimming purposes, I ask that you please remove it from the Phoenix Genesis channel forthwith.
For your convenience, here was the original dispute filed with Activision which removed the copyright strike that you struck us with again below my electronic signature. I will also be posting this email on my website (phoenixgenesis.com) to warn other YouTube content creators so that they don’t have to go through clearing their channels from wrongful and duplicate copyright strikes. Furthermore, we hope that Google and YouTube fix their broken automated system so that we do not have to deal with this problem again so that we are free to do what we love most: to post videos on our 2 YouTube channels of all the things we love, especially the upcoming Call of Duty: Advanced Warfare.
Very Truly Yours,
Des Manttari /s/
Editor-in-Chief, Phoenix Genesis— MY ORIGINAL RESPONSE WHICH CLEARED THE COPYRIGHT CLAIM —–
cc: Activision Publishing, Inc.
Call of Duty Advanced Warfare Induction Trailer – E3 2014 Xbox Press Conference
Claims to dispute
Audiovisual content administered by:
Activision Publishing, Inc.
Reason for dispute
This video uses the copyrighted material at issue, but with the appropriate license or written permission from the copyright owner.
I have spent the last week with Activision at the E3 Expo and we met them a month ago at their corporate office in Santa Monica getting the required permission to post their videos to our channel. We do closed captions for the hearing impaired and have already done their 1st COD AW Trailer. We have followed all their guidelines to posting of what we can and cannot post and publish. Additionally, Activision provided us with media assets to post to our website and YouTube Channel. If you need me to mail via certified mail any other clearances from Activision to YouTube, please give me a mailing address and the proper person to contact. Finally, I was given media clearance to the Microsoft Xbox conference in Los Angeles, CA on June 9, 2014 where this video was shown to me and other members of the media. I also met with the appropriate representatives of Microsoft yesterday and were given additional media for their games to post on YouTube and our website. Thank you for your prompt understanding in this matter.
I have a good faith belief that the claim(s) described above have been made in error, and that I have the right(s) necessary to use the contents of my video for the reasons I have stated. I have not knowingly made any false statements, nor am I intentionally abusing this dispute process in order to interfere with the rights of others. I understand that filing fraudulent disputes may result in termination of my YouTube account.
Des Manttari, Editor-in-Chief, Phoenix Genesis
Editor’s Note: I sent this email as well as posting in the dispute copyright claim section of the video on YouTube. Obviously, YouTube is seriously broken and it’s only a matter of time where it will reach a breakpoint like MySpace and the Content Creators like the Phoenix Genesis team and those who watch the videos (the digital consumers) go elsewhere and something that is not owned by Google becomes the new gold standard for all of us. In law, once a person is tried and found innocent, they cannot be tried again. This is known as Double Jeopardy. Somehow, Google and YouTube with its army of expensive corporate lawyers either fail to understand this or simply ignore it. Shame on them for not having an arbitrary and balanced system to dispute legitimate copyright claims and for failing to have an expedited system to eliminate the bogus and redundant claims. And why do none of these mega-corporations have any live customer support people which we can contact when we run into these problems? Why are we, as small fish in the ocean, held to such high standards of accountability and transparency and companies like Google are not? I think two old proverbs apply here to Google and YouTube: Don’t bite the hand that feeds you and don’t throw the baby out with the bath water!
Please feel free to leave your comments below. There is power in numbers and we would love to share your experiences, for better or for worse, here on our site. Let’s fix this broken system that not only discards our hard work, but also discards us as its creator and promoters in the process. We are not a piece of trash, we are human beings! Let no mega-corporation forget that!!!!
– Des Manttari, Editor-in-Chief, Phoenix Genesis
Feel free to link or print this: just include the PHOENIX GENESIS URL: http://phoenixgenesis.com/
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