Is naming a video on YouTube containing the words "106 & Park" copyright infringement?
Asked by
Magnus (
2884
)
June 27th, 2008
I made a funny parody of Lil’ Wayne a few days ago, posted it on youtube. Audio only. Woke up today to find that my YouTube account has been permanently banned. Well I had two strikes before, but this one I don’t get. I used my own name, called it “Magnus on 106 & Park 6/16.08”. I didn’t mention Lil’ Wayne in the description or anything. Now how is this copyright infringement?! I made an audio track SOLEY with me and some friends. The video contain the sound track and a black text saying the title all the way through.
Now I might understand that “106 & Park” is a registered trademark, but isn’t it a bit much to call it copyright infringement using it in a title?
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4 Answers
To get YouTube to reinstate a wrongly taken-down video, you have to file a Counter Notice.
It was probably a mistake – YouTube are paranoid of getting sued so they will take down videos at the drop of a hat, if they get reported. The automatic tool that they use tries to identify copyrighted content by looking at the content of the video and the title and description. The name of your video implied that it was an actual recording of a copyright material, so that might have lead to your video being taken down.
I don’t think using the name of the copyright material is against copyright and wouldn’t be reason for taking down the video. It was probably just a mistake (and besides, isn’t parody allowed under US law?).
Ah, they’re taking the piss. It has to be a written notice, and I live in Norway… I’m not paying anything for them to unban me, bleeping facists.
It doesn’t have to be by post, it says you can just email an electronic version of your notification (as long as you include a scan of your signature).
It is a bit of a long-winded process, though, considering how easily videos get taken down. For example, a 15-year-old once managed to prank YouTube by pretending to be from the ABC (Australian Broadcasting Corporation), and asking that all videos by The Chaser (comedy group who have a programme on the ABC) be taken down. When the fact that it wasn’t actually the ABC complaining emerged (but a kid), and because The Chaser & the ABC don’t actually mind their material being on YouTube, all the videos were reinstated.
Also, titles are not copyrightable.
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