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User Counter Claims for YouTube Videos Removed by Warner Music Group

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The Los Angeles Times reports that some users are filing counter claims against Warner Music Group for their removal of popular YouTube videos.

Chatham, who plays in a bluegrass group called the Whappers (no, they’re not signed to Warner), is fighting back. Since receiving the e-mail from YouTube regarding Warner’s claim, Chatham has filled out copyright counterclaim papers. If Warner doesn’t respond within 10 days, YouTube may put the banjo video back online, according to a YouTube support page.

He says he can’t understand how the innocent clip of him playing his cover version on a couch — a video that was once chosen by YouTube to be featured on its home page — could be illegal.

“It’s me just sitting there, playing on my banjo,” he said. “If someone actually stopped and looked at it, they would be like, Oh, well, that’s just some guy being silly.”

Neither Warner, nor the company’s lawyer, nor YouTube would …

 

… comment on the case. But Chatham appears to have been dinged for performing a copyrighted song without permission. The legal definition of “performance” in situations like these remains a gray area and may continue to be until YouTube hobbyists begin to bring these cases to court.

This and other cases of removal has left many users wondering what exactly their protections are against big media companies like the Warner Music Group. While it is understandable that YouTube fears legal proceedings from Warner Music Group more than from its users, it does not make the legal rights of the users any less valid. Perhaps Warner Music Group’s removals have been overzealous? What if any legal responsibility should concern Warner regarding removals?

 

User Outrage:

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Written by admin

February 2nd, 2009 at 2:49 pm