I did a little research and I found out how you can beat that (YouTube pulling videos down). If your video Falls under the http://en.wikipedia.org/wiki/Fair_use - Fair Copyright Use Act , then you are ok. All you need to prove 4 points:
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- the purpose and character of the use, including whether such use is
of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
With YouTube, they have a counter-notification page where you can submit a rebuttal to the copyright holder's demand to have your video removed. So long as your statement proves the above four points have been met, YouTube will reinstate the video.
I wrote: "This video is for educational purposes purposes only and features a
not-for-profit light show performance. The nature of the copyrighted work that
falls under the fair use copyright act is the musical score; all other work
shown is my original work. The effect of the use upon the potential market for
(or value of) the copyrighted work is such that the original artist benefits
from this video as more potential customers that are viewing this video (for
training purposes to create their own light shows) are exposed to the audio used
and full credit is given to the artist in both the actual performance as well as
in the video information box to inform potential customers of the audio used. As
such, the four criteria regarding fair trade usage have been met and this video
and/or it's soundtrack has therefore been removed in error."
If you do file a counter-notification claim, I'd suggest following my template but suit it towards your needs.
I also have tutorials on how to do what we do posted as well, so my case is bolstered a bit. But the three videos I did not write that statement for were disabled (I only wrote, "This video is for entertainment / non profit purposes only; and
since I own the original media it therefore falls under the fair use
copyright act.", and right now in fact YouTube is processing my snail mailed DCMA counter notification on those videos, which is basically challenging their decision to remove the videos after the counter notification was denied.
Basically, the bottom line is that copyright holders are trying to intimidate and scare you into doing nothing, which is sad. WMG even removed multimedia from TSO's own website, and TSO owns the copyright! But the law is clearly on our side, and with a little bit of research you can win this fight.
------------- ~Jonathan
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