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Copyright Infringement Advice


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I’ve discovered a few YouTube channels that have been publishing my music without permission.

 

There are multiple long duration videos, each featuring nothing but my music (no narration or any other music). Many of these videos have millions of monetised views.

 

This is irrefutable copyright infringement that (based on typical YouTube earnings) may have provided these channels with tens of thousands of dollars in revenue.

 

I can and will initiate copyright claims on these videos. But considering the scale of the infringement I am also considering taking legal action to seek compensation. Even if the videos are taken down I’m not sure if I can live with the idea of these people riding off into the sunset with tens of thousands of dollars (potentially hundreds of thousands) that were illegally gained in broad daylight.

 

This is not something I’ve done before so I’m wondering if anyone has any advice or experience they can share with me?

 

Is it reasonable and ethical to take legal action?

 

What would you do if it was your music?

 

Many thanks!

~Cheesy

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You need a specialist lawyer even if you go through the YouTube copyright claims process. If you’re UK/Europe-based, I can highly recommend Paul Lennon at Statham, Gill, Davies in London. I’m sure he won’t charge much, if anything, for your initial consultation. Tell him Nev sent you.
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You need a specialist lawyer even if you go through the YouTube copyright claims process. If you’re UK/Europe-based, I can highly recommend Paul Lennon at Statham, Gill, Davies in London. I’m sure he won’t charge much, if anything, for your initial consultation. Tell him Nev sent you.

Thank you very much for the recommendation. I’m outside of the UK/Europe but copyright infringement is a global issue so I’m open to representation from persons in any country.

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I sincerely hope that you registered your copyright claim at the time, if your country provides for such things. Then, yes, engage a lawyer who specializes in "intellectual property."

 

If you can clearly prove that you registered a claim of ownership of the work, and that you diligently complied with the "circle-C requirements" of your applicable law, such that the infringement cannot be defended as being "innocent," then you have a very solid case that any competent attorney should be ready to take.

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I sincerely hope that you registered your copyright claim at the time, if your country provides for such things. Then, yes, engage a lawyer who specializes in "intellectual property."

 

If you can clearly prove that you registered a claim of ownership of the work, and that you diligently complied with the "circle-C requirements" of your applicable law, such that the infringement cannot be defended as being "innocent," then you have a very solid case that any competent attorney should be ready to take.

Thanks Mike. I heed your words. To be honest, my works are not “registered“, but I do have more than enough evidentiary material to show that I am the copyright holder.

 

The issue of registration is one that I’ve heard conflicting reports about. For example, in Australia (my home country):

 

“…copyright protection is automatic. There is no need for copyright registration in Australia, nor is there a legal requirement to publish the material or to put a copyright notice on it. Material will be protected as soon as it is put into material form, such as being written down or recorded in some way (eg filmed or recorded).”

 

The same is true in the USA, but I have only recently learned that, “You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work”. This mirrors what you are saying.

 

My location, or the location of the infringing parties, may affect the application of laws.

 

I don’t yet know where the infringing parties are located. For all I know, one might be a 15 year old YouTuber in Iceland (whose parents are wondering why he has $50,000 in his bank account all of a sudden). The issue of identifying the persons responsible for these infringing YouTube channels is one of my concerns. YouTubers don’t exactly publish their name and address for all to see, but perhaps the right I.P lawyer will know how to get that info.

 

Obviously I’ll need to get professional legal advice on all this.

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