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My Youtube footage used without permission

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John Smith
My Youtube footage used without permission
on Aug 29, 2016 at 6:45:25 am

Hi all,

Wanted to get some thoughts about this situation:

I have some footage on Youtube I shot and edited - more than 2 minutes. I have all of the raw footage and can probably find my FCP timeline of the edit. Someone produced a promo for a film and used my footage, end to end, even preserving all of my edits.

At this point, regarding that trailer, what's done is done; it was shown once and I am prepared to let that go. My concern is that I have a lot of footage relevant to the subject matter floating around (on Youtube) that I am now kind of expecting to see in the finished film. Pulling it down or hiding it would be pointless because it was probably ripped a long time ago by now. I can produce all the raw footage (some is tapeless HD/some SD). Do I have any options if this footage is used without my permission?

Thanks


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Mike Smith
Re: My Youtube footage used without permission
on Aug 29, 2016 at 9:40:33 am

Well if you don't want to talk to a lawyer then maybe youtube's takedown processes might help you ?
https://support.google.com/youtube/answer/2807622?hl=en-GB


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Todd Terry
Re: My Youtube footage used without permission
on Aug 29, 2016 at 4:44:00 pm

Well, as Mike said you probably will have some luck with YouTube removing the existing trailer... but, as you noted this really does you no good, because obviously the footage has already been ripped.

My first question would be, do you know who the offender is (or can you find them)? Step one would be for you (or your attorney) to immediately send them a cease-and-desist letter. That might be all it takes. If that doesn't work, your attorney can suggest the next-and-more-harsh step... but I think theres a decent chance that once they know you are on to them, they'll stop using the footage. At least it's cheap and worth a shot.

T2

__________________________________
Todd Terry
Creative Director
Fantastic Plastic Entertainment, Inc.
fantasticplastic.com



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John Smith
Re: My Youtube footage used without permission
on Aug 29, 2016 at 6:17:46 pm

Hi,

Thanks for responding. The trailer was not actually put online, it was screened in front of an audience I happened to be in, and I obviously, immediately recognized the footage. I believe the trailer was used to tease the production of a film in the works.

I do know who the person is, yes.

I am not really worried about the footage in the trailer at this point. What I am worried about is what will happen if/when I see my footage in his finished film.

Legally, what recourse do I have if this happens?

Thanks


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Nick Griffin
Re: My Youtube footage used without permission
on Aug 29, 2016 at 8:13:30 pm

John-

[Todd Terry] " your attorney can suggest the next-and-more-harsh step"

Which might just be formally asking for X sum of money as not paying it violates your copyright. Unless you believe that the usage is worth well into the 5 or 6 figures litigation is a wastesfull way to go. Your attorney may be able to arrange a "binding arbitration" in which a neutral arbiter, normally a retired or inactive judge, will help both parties come to a peaceful agreement.

But to answer your initial question, HELL YES you are owed if they used (or use) your footage without permission.


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John Smith
Re: My Youtube footage used without permission
on Aug 31, 2016 at 6:52:10 pm

Always good to know, thanks Nick.

Follow up question: will I be required to prove I own said footage? I'm just curious here, as I do have all the raw footage, Youtube passwords, FCP projects footage was cut with, etc...


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Juris Eksts
Re: My Youtube footage used without permission
on Sep 5, 2016 at 12:31:25 pm

" . . . I do have all the raw footage, Youtube passwords, FCP projects footage was cut with, etc..."

Do you have the camera footage, or was the footage taken from Youtube? Is that what having Youtube passwords implies?


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Oliver Guirdham
Re: My Youtube footage used without permission
on Nov 17, 2016 at 5:42:18 am

report to the youtube community


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