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Chat This Famous Youtuber use my art without permission, now his fanbase harassing me

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liyanakahar
post Sep 21 2020, 11:14 AM

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baru know malaysian so talented till mat salleh wanna steal the art
BlackMambo
post Sep 21 2020, 11:19 AM

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QUOTE(empyreal @ Sep 21 2020, 11:04 AM)
you can use all these words about goodwill, but simply using the artwork exposes ts to litigation risk - something which the youtuber has no right to do. the youtuber himself can get away by claiming fair use but he leaves ts holding the bag.

ts has a right in reporting it (although he would be wrong to profit from it) to protect himself. its like buying a car for private use then someone else uses it for commercial purposes - you dont get any profit but you sure are liable to getting fined. the logical thing to do is to tell that person to stop doing it.
*
You honestly missing the point here.
Fan art is a fair use because its a FAN-ART where the artist doesn't claim the content as his.
By claiming that this artwork is his copy right and striking a video for abusing it, TS have basically called dibs on Pokimane and Gundam head essentially telling others that these 2 figure is his.

He himself gonna get stuck in in legal battle not because he is drawing fan-art, its because he is claiming that the content is his.
Its his own fault that he might get fucked up.

Killy
post Sep 21 2020, 11:20 AM

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QUOTE(SmallPenguin @ Sep 21 2020, 10:12 AM)
To me its other picture, we all paint different picture
But at the end of the day, i support TS for strike, and maybe go for another strike for cyberbullying

Not like when TS report it automatically strike, sure the Youtube staff review it first and approve the strike
If Youtube say the strike is right then it is right, if that AMDK dont like, can go to another platform he is free to

I dont use any social media i just read lowyat if im bored, and even rarely reply here especially /k
*
actually u should watch that vid to get a clearer picture
Youtube does automatically take down the reported video and serves the youtuber with notice
they have to appeal against it and it's only 3 strikes then the channel is gone, that's why they really don't want to get strike
and the youtuber has to provide all his personal details to the person/stranger that filed the strike
ReoAyanami
post Sep 21 2020, 11:20 AM

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QUOTE(Killy @ Sep 21 2020, 11:12 AM)
i don't think he blamed TS though i skipped some parts haha
his rant is more towards Youtube's system but still got mention TS, it's his fanbase that kacau TS

i don't like his channel actually, quite obnoxious lol, block him from recommendation
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He definitely blamed TS for being a Pokimane simp or a Quartering hater if you watched the video. That's why his fanbase attacked TS.
BlackMambo
post Sep 21 2020, 11:22 AM

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QUOTE(thomasyke @ Sep 21 2020, 11:11 AM)
You're absolutely correct, if he wanna use your stuff he should be the one emailing you not the other way round, serves him right for getting striked by you.
He even challenge you say you won't spend belambak duit to fight him in court.
*
You and TS might have a leg if its OC donut steel characters.
But its a fan art and thus TS himself doesn't have any rights whatsoever for this artwork.

He basically open himself to be sued by Pokimane and Bandai for claiming the character depicted in this fan-art as his with the copy right claims.
empyreal
post Sep 21 2020, 11:23 AM

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QUOTE(wanted111who @ Sep 21 2020, 11:10 AM)
TS didn't sell anything yet. Just saying,  TS can indeed sell his time to help the youtuber create fans art. And the youtuber can claim it was his fans art. Legally speaking.

The youtuber moneterising the fans art or not, it is the youtuber problem.
*
yeah, but ts having to defend themselves against possible litigation (just like that youtuber is doing now with the strike) is a hassle.

since its the youtuber that took artwork willy-nilly and expose random artists to risks of being sued, i think its better for that burden of hassle to fall on the youtuber. its just a matter of unprofessionalism on the part of the youtuber.
zhou.xingxing
post Sep 21 2020, 11:24 AM

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dont even know who is that ytber
ReoAyanami
post Sep 21 2020, 11:26 AM

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QUOTE(BlackMambo @ Sep 21 2020, 11:19 AM)
You honestly missing the point here.
Fan art is a fair use because its a FAN-ART where the artist doesn't claim the content as his.
By claiming that this artwork is his copy right and striking a video for abusing it, TS have basically called dibs on Pokimane and Gundam head essentially telling others that these 2 figure is his.

He himself gonna get stuck in in legal battle not because he is drawing fan-art, its because he is claiming that the content is his.
Its his own fault that he might get fucked up.
*
I have no idea what legal battle you are talking about. There is absolutely no grounds for the YouTuber to sue the artist.
BlackMambo
post Sep 21 2020, 11:27 AM

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QUOTE(empyreal @ Sep 21 2020, 11:23 AM)
yeah, but ts having to defend themselves against possible litigation (just like that youtuber is doing now with the strike) is a hassle.

since its the youtuber that took artwork willy-nilly and expose random artists to risks of being sued, i think its better for that burden of hassle to fall on the youtuber. its just a matter of unprofessionalism on the part of the youtuber.
*
Are you stupid or retarded?

TS is fine since its a fan-art. It doesn't matter who publish it or make it popular.
No company gonna sue an artist over a simple fan art.

What fucked up TS is the fact that he himself claim this artwork as his in its entirety by claiming a copy right strike against this youtuber.
He is basically saying that this gundam head and this pokimane look alike is his, and nobody should monetize it without his permission.


Here to buy
post Sep 21 2020, 11:27 AM

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Ayam here looking for teteks.
Only to find disappointment.
damonlbs
post Sep 21 2020, 11:28 AM

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QUOTE(zhou.xingxing @ Sep 21 2020, 11:24 AM)
dont even know who is that ytber
*
internet drama youtuber

dont have own content one, everyday talk about internet drama only
Killy
post Sep 21 2020, 11:28 AM

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QUOTE(ReoAyanami @ Sep 21 2020, 11:20 AM)
He definitely blamed TS for being a Pokimane simp or a Quartering hater if you watched the video. That's why his fanbase attacked TS.
*
he said he thought it was a Pokimane simp when he saw the video got struck down before he checked who it was, after that he found it was an artist
well, his fanbase probably doesn't care i suppose
nakal_mode
post Sep 21 2020, 11:29 AM

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QUOTE(ReoAyanami @ Sep 21 2020, 11:26 AM)
I have no idea what legal battle you are talking about. There is absolutely no grounds for the YouTuber to sue the artist.
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When the artist used the Youtube system to strike down the channel, it is under the US DMCA law.

If the channel owner dispute it, the artist would need to file a suit and bring this to court.

Looking at the so called art, it is clear as day it is under fair use unless TS claims that he is the owner of Pokimane, Gundam, ItsAGundam IP, which he does not.
BlackMambo
post Sep 21 2020, 11:30 AM

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QUOTE(ReoAyanami @ Sep 21 2020, 11:26 AM)
I have no idea what legal battle you are talking about. There is absolutely no grounds for the YouTuber to sue the artist.
*
There is precedent for this, and the record would side with this youtuber. Look up H3H3 vs Matt Hoss.
What doesn't have a ground is TS claim of this artwork, which is a fan-art depicting of other people IPs.

Copyright means exclusive use to the work, and I am 100% sure TS doesn't exclusively own pokimane or gundam.

This post has been edited by BlackMambo: Sep 21 2020, 11:31 AM
SmallPenguin
post Sep 21 2020, 11:31 AM

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QUOTE(Killy @ Sep 21 2020, 11:20 AM)
actually u should watch that vid to get a clearer picture
Youtube does automatically take down the reported video and serves the youtuber with notice
they have to appeal against it and it's only 3 strikes then the channel is gone, that's why they really don't want to get strike
and the youtuber has to provide all his personal details to the person/stranger that filed the strike
*
Then that AMDK should reach out to TS himself and asked how to resolve it and not make a whole load video complain this and that
Or he expects TS to reach out AMDK himself?
Bottom line, AMDK using Youtube, if he doesnt like, go to other platforms

TS should ask for compensation as well and show him the evidence he got harassed by his fanbase, compensation in cold hard CASH
BlackMambo
post Sep 21 2020, 11:34 AM

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QUOTE(SmallPenguin @ Sep 21 2020, 11:31 AM)
Then that AMDK should reach out to TS himself and asked how to resolve it and not make a whole load video complain this and that
Or he expects TS to reach out AMDK himself?
Bottom line, AMDK using Youtube, if he doesnt like, go to other platforms

TS should ask for compensation as well and show him the evidence he got harassed by his fanbase, compensation in cold hard CASH
*
Just stop.

You need to stop defending TS and properly advising him to stop this shit.
Yeah, TS can bitch and moan, but striking people for it?
TS doesn't have any legal ground for it in the first fucking place. Its a fan art, he himself doesn't own the art he is striking for. doh.gif

This is fucking embarrassing.
shotgun
post Sep 21 2020, 11:34 AM

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QUOTE(BlackMambo @ Sep 21 2020, 11:30 AM)
There is precedent for this, and the record would side with this youtuber. Look up H3H3 vs Matt Hoss.
What doesn't have a ground is TS claim of this artwork, which is a fan-art depicting of other people IPs.

Copyright means exclusive use to the work, and I am 100% sure TS doesn't exclusively own pokimane or gundam.
*
Well any one of them will sue back ts without permission. Gg
Killy
post Sep 21 2020, 11:35 AM

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QUOTE(SmallPenguin @ Sep 21 2020, 11:31 AM)
Then that AMDK should reach out to TS himself and asked how to resolve it and not make a whole load video complain this and that
Or he expects TS to reach out AMDK himself?
Bottom line, AMDK using Youtube, if he doesnt like, go to other platforms

TS should ask for compensation as well and show him the evidence he got harassed by his fanbase, compensation in cold hard CASH
*
he doesn't have to really
he's a drama youtuber so just makes more videos blowing things up lol
i doubt it will be worth TS time and money to ask for compensation but he can try
NickedAsy
post Sep 21 2020, 11:37 AM

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kyogre
post Sep 21 2020, 11:37 AM

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at this point his fanbase wont back down with anything. the only way is just to mute all ur socmed, dont retaliate. like anything online, it will blow away.

but make sure ur legalities on point tho

gl ts

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