YouTube thinks I've violated copyright. What are the options for action?

Question

YouTube

The prehistory is this - he performed with his rock band at a party dedicated to the bands Metallica and Megadeth (local bands played the songs of these world thrash monsters). A friend filmed our performance on a video camera. We decided to put a couple of videos online. And to see the song Enter Sandman, we performed so similar to the original that the automatic system considered that we had inserted the original song into the video or something like that (screen attached).



And here is the description of the automatic copy-paste:



The video is still available for viewing. In the video manager, you can either confirm copyright infringement or dispute. In the "Dispute" menu, there are several options for the reasons for the dispute. You can only select them (do not add your own option).

Here are the options:
-I have a CD, DVD or song purchased online.
-I don't sell videos and I don't try to make money by showing them.
- The author of the materials is indicated in the video.
-I have a license or written permission from the copyright holder to use this material.
-By using this content, I do not violate the requirements for fair use of content under copyright law.
- Content is public domain or not copyrighted.

When choosing any option, a hint is given that you can still get "ata-ta" for your video. For example, if you select "I do not sell videos and do not try to make money by showing them." YouTube writes “It doesn’t matter if you benefit financially from using someone else’s content. Unless you have permission from the owner, you may not include such material in your video." etc.

Meanwhile, YouTube is full of videos with various cover versions of famous songs (concert or simply recorded by musicians at home), which have been added for a long time and each has more than one thousand views. I know this because I watched dozens of such videos while preparing for the concert.

As I understand it, YouTube is now waiting for my reaction, and after some time, if there is no reaction, then the video will either be blocked, or monetized, or tracked.

Actually the question is for those who may have encountered a similar situation, and for those who are more knowledgeable in matters of copyright protection. What is the wiser course of action for me to take now - to quietly remove the video, to try to protest the claims, or to wait silently for developments? Or is there some other option?

Answer 1

Well, everything is simple here:
1. You did violate the rights of these groups by covering their songs. And they violated it again by posting it on YouTube.
2. YouTube does not punish for trying to challenge the decision of the automatic comparison.
Previously, there was an option about fair use (I don’t know how they could translate it) and you could select it and simply ask the copyright holder in a comment to approve this video. In such cases, I usually wrote something like “I know about copyrights but this is just fan work, please let it be, it wont hurt anyone.”
And then there are three options:
1. The copyright holder is too busy and does not respond to the request for a month - the video will be unblocked, although the copyright holder will be able to block it back if he reacts. But practice shows that such copyright holders have more important things to do. This happened to me with 90% of applications.
2. The copyright holder approves the use of his object of copyright - this is usually what adequate owners do with fan works, for everything that youtube tried to copy, WMG always considered applications within a couple of weeks and approved the use.
3. The copyright holder will get stuck and block the video. This is the worst option, it does not happen often, but it happens. At this stage, nothing threatens the account, but there are options to appeal the decision. And in case of an unsuccessful appeal, the author of the video may still have problems. Therefore, it is better in such a situation to simply accept the fact that the copyright holder is an asshole and simply delete the video. Well, or leave it silent in your case by writing a comment on the video (preferably with a large annotation) so that everyone knows who is the worst.

Answer 2

Is there no way to declare your performance a parody? Parodies are not subject to copyright restrictions almost anywhere in the world.

Answer 3

It is obvious to me that you need to indicate the option:
"By using this content, I do not violate the requirements for fair use of content in accordance with copyright law"
If you can add a comment, describe the situation: that this is a cover, not a phonogram. Performing cover versions, to the best of my knowledge, does not constitute copyright infringement as long as the performer does not benefit materially from it.

Answer 4

Taking this opportunity, maybe someone will explain to me, this question has been tormenting for a long time, there is such a song www.youtube.com/watch?v=8UVNT4wvIGY it is covered www.youtube.com/watch?v=d9NF2edxy-M and this version is even sold quietly, like is that possible.

Answer 5

I didn’t mean the categories of the video, but the form of the trial - is there an item “I don’t violate anything because it’s a parody (unfunny :)”?

Answer 6

I had a case where a regular family video was flagged as breaking the rules because music was playing on the radio at the time of filming. As a result, Google put ads on this video, but, of course, I don’t receive any deductions from it.