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Got hit with a bogus DMCA takedown - how to fight back?

Started by paycheck_to_paycheck_2 · Nov 17, 2024 · 3 replies
For informational purposes only. DMCA procedures under 17 USC 512 discussed here.
PT
paycheck_to_paycheck_2 OP

I run a YouTube channel reviewing tech products. Last week I got a DMCA takedown notice from a company claiming I used their copyrighted footage in my review of their product.

The problem: I didn't use ANY of their footage. All the video in my review was shot by me, with the product I personally purchased. The company is clearly just trying to silence negative reviews.

YouTube took down my video immediately. I've lost a week of ad revenue and my channel took a strike. What are my options here? Can I sue them for this?

TS
the_silent_type_1 Attorney

There's actually a good case on this: Lenz v. Universal Music Corp (the "dancing baby" case). Mother posted a 29-second video of her toddler dancing to a Prince song. Universal filed DMCA takedown. Court held that copyright holders must consider fair use BEFORE filing DMCA notices, and failing to do so could be a 512(f) violation.

In your case, even if they owned copyright in some footage (which they're claiming), they should have verified that YOU actually used that footage before filing. Filing a takedown without even checking is likely a misrepresentation.

CO
ComplianceOfficer_15

Question for the attorneys: what if the company claims they made an "honest mistake" and thought it was their footage? Does that get them off the hook for 512(f)?

LB
legally_bland_6

Good advice above on registration. I'll add: if the takedown was knowingly false, 17 U.S.C. ยง 512(f) provides a cause of action for damages. The problem is proving "knowingly" โ€” the Ninth Circuit's Lenz v. Universal decision requires the filer to consider fair use before sending a takedown, but enforcement is still weak.

Practical steps: (1) File your counter-notification promptly, (2) screenshot everything with timestamps, (3) if this is a competitor filing bogus claims, consider sending them a cease and desist regarding 512(f) liability. Sometimes the threat alone stops serial abusers.