Natalie is a writer who works at her local library. She enjoys writing reviews, watching anime and TV shows, and playing video games.
I got A DMCA strike from Sony Music Japan over 0:45 seconds of Fate/Apocrypha:
I made a video criticizing another YouTuber’s video about the animation of the Japanese anime Fate/Apocrypha. I uploaded it to YouTube and Sony Music Entertainment Japan disabled it for monetization, so I countered the claim, they reinstated the claim, so I appealed and they sent me a DMCA strike.
Now, most YouTubers freak out over this, but I filed a counter notification, even if they don’t restore my video in 10 business days I’ll just re-upload it without any monetization,
But what makes this incident interesting is that I had this video unlisted it had only 14 views on it, I highly doubt they’ll sue me over it if anything they’ll probably not respond in any way and my video will go back up again as if nothing ever happened.
This has happened to a lot of anime YouTubers, but this is the first time it has happened to me, the worst that can happen is that I wait until March 3, 2018, when it expires.
I’m not very affected by the strike, I don’t really stream so it doesn’t bother me if I lose that privilege. I don’t really make a lot of money anyway so if my counter-notification doesn’t go through, I’ll just put it up again demonetized.
This Doesn’t Affect my Channel Too Much Yet:
I’m not really worried like I said; my strike expires March 3rd, 2018, so it will eventually go away unless SME Japan actually does something with my counter notification.
I will wait on appealing more videos because it’s three strikes and you’re out, I do want to see what will happen after December 20th, when SME Japan is supposed to answer my counter notification.
In the meantime, I’ll continue to create content.
I filed My Counter-Notification:
I have filed my counter notification and now Sony Music Entertainment Japan will either take further action to keep my video down or YouTube will let it be reinstated and I will continue to work on closed captioning my video before I make it public.
I received an email from YouTube saying that they have sent my counter-notice to SME Japan. Now I have to wait and hope they don’t sue me. I haven’t heard of Sony Music Entertainment Japan suing anyone over 45 seconds of visual footage. I have Googled to see if they have ever sued anyone and I couldn’t find anything.
Either way, my video will go up on the internet, I can always upload it to Daily Motion instead. But for now, I’m keeping it off the internet until I hear back from YouTube or SME Japan, I emailed them explaining my video, and I want to know what I’m supposed to do. I’ll happily keep my video off of YouTube if they want me to.
They only seem to think that YouTube is the only video hosting site that exists but all sorts of other illegal streaming sites that upload anime episodes have been up and make money off ads for years.
The Hilarious thing is, the video was Unlisted, so no one had seen It:
I know that YouTube has had a problem with people uploading full movies and TV shows, but my video wasn’t even a reaction video that shoe wed the entire episode, it was a critiquing video and since I doubt YouTube will actually send them a counter-notice, even though I saw the status of my copyright strike was “Counter notification under final review. Someone responded to your counter notification. YouTube will review the response before we take final action on your request.”
All I can do is wait now, but the thing is that Japanese companies don’t realize since my video is a digital file, I can upload it anywhere on the web if I wanted to, I’m keeping it offline for now.
I do hope that SME Japan will reply to my email, I would prefer they let me video stay up, but since it’s a Japanese company, I don’t know how well they can understand what I wrote, but I do know a lot of them can read English.
I’ll be checking my email and waiting for YouTube’s response, if they leave my video down, it’ll still be fine. Although Sony has lifted the strike on my channel, it still says it's in dispute.
Draconian Copyright Policies Stifle Creativity:
Draconian copyright laws make it harder for video creators to make videos that promote their products, in this case, the anime Fate/Apocrypha.
I have watched a lot of anime legally because of good reviews that showed clips of anime footage so I could see what it was about.
For anime that do not have legal streaming, such as Summer Wars and The Girl Who Leapt Through Time, along with the critically acclaimed Your Name, I would not have bought either of those titles, I wouldn’t have bought those without watching YouTube videos that use clips from those movies. I will eventually pick up Your Name to own for myself. I borrowed the movie from my local library system because of various YouTube anime channels that brought it to my attention. And all those videos had small video clips of the movie in the videos.
I may have cut down on buying all the anime I watch because I pay for streaming services like Netflix, HiDive, and FunimationNow, but I still buy anime that I really enjoy, and there are plenty of series that I intend to watch because I’ve heard about them through YouTube videos.
It’s also easier to convince someone to watch or buy an anime if you show them small clips of the anime that you’re discussing, but Japan treats YouTubers like they uploaded the entire episode.
Reaction channels are a little harder to defend because YouTubers tend to show the entire episode in Japanese or English, most of the time it’s in the original Japanese because they’re watching the latest anime, but with simultaneous English dubs happening, they have to deal with both.
It’s easier for an anime reviewer to defend their video as fair use because the length of the clips is shorter and critics do not use the entire episode or movie compared to a reaction channel.
I expect my fair use defense will hold up and YouTube should eventually restore my video. I have a good defense since I’m critiquing another anime video and using a small portion of their footage.
It’s not going to affect the blu-ray sales of Fate/Apocrypha in Japan. Now if I were saying that everyone should illegally stream or download Fate/Apocrypha that would affect the sales of the blu-ray in Japan because I would be telling people not to buy their product. I always promote legal streaming and purchases to support the anime industry. I may not buy everything, but I try to watch it legally if it’s available.
Content ID System Sucks!
I just have to wait and see what YouTube will do Now:
I’m waiting for YouTube to decide what they’re going to do with my video, but I hope that they will restore my video. I will keep you guys updated on what’s going on.
I do feel that Japan is far too protective of their IP when it comes to letting people use clips to critique their anime or talk about other people who are criticizing their anime.
The fact that Japan basically ignores fair use in America, and since YouTube usually sides on fair use, I am hoping to get my video back up very soon. I just hope I don’t have to wait too long for it.
I have waited for over a month now, and my video has been restored, but I am unable to monetize it because it still says my video is in dispute, despite the fact that it is way past December 31st, 2017. Once I am able to monetize it I will block Japan from viewing my video. I might not have that audience but at least it will be harder for Japanese companies to strike my videos.
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