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

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ReoAyanami
post Sep 21 2020, 01:31 PM

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QUOTE(BlackMambo @ Sep 21 2020, 01:23 PM)
Holy fucking retarded idiot.

YOUTUBE ONLY PROVIDE THE PLATFORM BETWEEN TWO LEGAL TEAMS TO FIGHT OVER THIS DISPUTE.
Youtube literally made it the same as REAL WORLD when they transition from community based website to a more corporate video website.
Where the fuck have you been all this time?

When TS filed for a strike, he essentially representing himself in a legal battle against this youtuber over a copy right claim.
The reason why YouTube automatically took the video down is to protect themselves. They are liable as long as they let the video under legal dispute goes up on their website.

This youtuber then need to file a counter notification against TS legal team, essentially presenting their argument against TS himself.
Two things gonna happen, TS retract their claim and YouTube automatically restore the vid when he does that.
Or TS refuse to do so, and if this happen the youtuber legal team can take this to a court.
Both side then argue their case in front of a judge.
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To be fair, even if the YouTuber doesn't deserved a copyright strike from the artist, he deserved one from all the copyright holders. YouTube isn't going to remove his strike either way. Maybe even add more strikes after combing through his channel. rclxm9.gif

This post has been edited by ReoAyanami: Sep 21 2020, 01:32 PM
nakal_mode
post Sep 21 2020, 01:34 PM

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QUOTE(Liamness @ Sep 21 2020, 01:28 PM)
TS can also argue on the basis of DMCA copyright infringement claim. DMCA circumvents fair use argument..

No matter which argument you try to use, the law is firmly on TS side here.
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Copyright claim between TS and TheQuartering does not falls under DMCA, just because you can make the claim does not means it can be applied.

Also false DMCA claim is an offense under US law.

This post has been edited by nakal_mode: Sep 21 2020, 01:37 PM
Songlap
post Sep 21 2020, 01:35 PM

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QUOTE(BlackMambo @ Sep 21 2020, 12:56 PM)
Yes, I actually do own any fan art that depict my creation, or a likeness to said creation (depend on how big of a cunt I am).

Does this make it clear?
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lol what a cunt

QUOTE(hurricane21 @ Sep 21 2020, 01:19 PM)
that guy look like another smelly fat-fuck

his room must be stink AF

geli
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kek cool2.gif

QUOTE(Swordsmen @ Sep 21 2020, 01:21 PM)
» Click to show Spoiler - click again to hide... «


Done lipoting, hope the best for TS..  thumbup.gif

#kitajagakita
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cool2.gif
SUSLiamness
post Sep 21 2020, 01:38 PM

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QUOTE(nakal_mode @ Sep 21 2020, 01:30 PM)
You do know there are movie review channels and reaction channels on Youtube that operates the same way right under fair use right?

Youtuber generally avoid copyrighted materials because of the hassle fighting a mega corporation legal team that can drag them to court and keep dragging the case endlessly.
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That is different from TS situation.. The Youtuber isn't using material from a movie to talk about his subject matter, NO, he is using a THIRD persons artwork to make his point and make profit from it..

That is considered STEALING already.

Totally different rules apply here.
ReoAyanami
post Sep 21 2020, 01:38 PM

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QUOTE(nakal_mode @ Sep 21 2020, 01:30 PM)
You do know there are movie review channels and reaction channels on Youtube that operates the same way right under fair use right?

Youtuber generally avoid copyrighted materials because of the hassle fighting a mega corporation legal team that can drag them to court and keep dragging the case endlessly.
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Even the YouTuber knows that he made a mistake by not asking for permission before using the art so why argue about fair use now? Just learn from this mistake and move on.
cyhborg
post Sep 21 2020, 01:38 PM

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QUOTE(bottomfrag @ Sep 21 2020, 01:15 PM)
Genuine question. By "comment on it", do you mean people make reference to the artwork and critique it or something like that? Cos from what I watched in the video, the guy claims his editor put it in and he wasn't aware of it.
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hm, if that's true, then it still can be considered "reporting" (i.e. adding pictures to illustrate what is being talked about). but i dunno, i'm not expert in this sweat.gif
RallyNight
post Sep 21 2020, 01:38 PM

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QUOTE(yvliew @ Sep 21 2020, 02:06 PM)
ok this cb is a male version karen. sendiri use copyright material without permission and blame youtube.. stupid idiot.
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QUOTE(ylyap @ Sep 21 2020, 02:06 PM)
seriously like this also can reach 21 pagesĀ  shakehead.gif
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To befair, ts is using itsagumdum.
Not bandai's gundam.

Under us parody law, itsagundum can use it.

But fan art is another thing.

Ts intension is dont want associate his art with this drama channel and this guy use his fan art of a youtuber without asking.

Character is base on art of youtuber celebrity.
Not bulat steal bandai gundum.

But some ppl in here insist gundum belong to bandai.
Idkk what to say liao.

Its nitpicking in form of defend to defend.

Dont forget quatering former channel name mtgheadquater and got strike till take down cause he using his clout harassing some wimin mtg player who strike him from using her cosplay picture.

Wizard of the coast banned him from any mtg and his channel name. After that his new drama channel also living among these spontenous fight over the internet.

See what youtube says.
Since he bring this up. Another review will be up soon.

This post has been edited by RallyNight: Sep 21 2020, 01:46 PM
SUSgohaikhan
post Sep 21 2020, 01:38 PM

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QUOTE(scorptim @ Sep 21 2020, 01:30 PM)
Again TS did not risk destroying the YouTuber career, it’s the YouTuber who did that to himself for not taking control and accounts for the content he posted. Learn to take some self responsibility instead of blaming others for one’s own screwups.
You are correct but this is Malaysia where from the top itself is all about finding other peoples to blame for any and all problems and stealing money from others.
jamc
post Sep 21 2020, 01:40 PM

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Oh this guy. He used to be MTG Headquarter opening packs for entertainment. That was long time ago. And then when he got sponsored, he became more irrelevant and toxic. That’s when I decided to unsub his channel. Doesn’t surprise me he does this shit. Anyway TS stay strong.
Stirmling
post Sep 21 2020, 01:41 PM

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QUOTE(cyhborg @ Sep 21 2020, 01:29 PM)
the artist can make parody art under fair use, but fair use does not allow the artist to claim a strike on someone that makes a comment on it in his own work, because fair use protects the commentator as well.

that's just how it works  sweat.gif
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fair enough, the owner does own the art, and others can use the art as part of a commentary. hmm.gif

i thought for manual copyright strike, youtube would at least go through the claims manually before giving you a strike? huh.gif
well Cr1tikal also did mentioned how hard it is to get in touch with an actual human from Youtube side of things (including Markiplier had problems trying to contact them so you have to rely on raising as much racket as possible) dry.gif
BlackMambo
post Sep 21 2020, 01:42 PM

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QUOTE(scorptim @ Sep 21 2020, 01:30 PM)
Typical snowflake sjw who thinks the world owes youtubers a living. Just like any other jobs if it’s your source of income it is YOUR RESPONSIBILITY to take care of your own fucking ricebowl. That includes not doing anything that could risk people striking your video.

You did something wrong then it’s you need to face the consequences not cry like a baby when things go south and play victim saying this person should have contacted me first instead of reporting me. Heck, u must be a beta cuck, if someone breaks into your house you also invite him to have coffee first and ask him to leave nicely right? Coz reporting him to the cops would ruin his livelihood.
Learn to look at the root cause of things not at people’s reactions. You sound like a bitch who did something wrong then when people retaliate seek sympathy by saying that was too harsh. Boo hoo, the world is a harsh place.

I guess based on your logic if someone tried to rape a girl and only manage to put it the tip of his dick then it’s not rape coz there’s no full on penetration huh? It’s just 2 seconds of the dick on the outer layers of the vagina, so let’s just let it go.
Oi cibai, when you run a YouTube channel you’re responsible for the content and anything your member of staff do.

Again TS did not risk destroying the YouTuber career, it’s the YouTuber who did that to himself for not taking control and accounts for the content he posted. Learn to take some self responsibility instead of blaming others for one’s own screwups.
Giving leeway is a courtesy not a right. Again no one owes youtubers a living.

Heck, based on this mentality you must be a najib supporter, he makes a living by songlapping, people should give him the chance to return the money he songlap instead of reporting him and putting him on trial. Now his whole livelihood is ruined. TOPKEK!
Again, perhaps it’s time you youtubers stop being whiny snowflakes and learn to be responsible for your own actions.
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Holy fucking cunt.
Lets get rid of all the shitty analogy, rambling, strawman and focus on your real, substantial argument here.

Yes, a youtuber is responsible for their own content.
This youtuber is a rude fella, a cunt, for not crediting TS of said artwork.
I agree with ya on this.
But that still doesn't give TS any legal ground for a copy right claim. Like, at all.
Not legally, not morally.
Especially given how little effort TS did to reach out to this youtuber for any discussion or understanding.

You honestly undermined how severe a copy strike, with zero context on the consequences and legal ramification behind it.
How many 'screwups' or 'oopsie' did you do that would lead you getting fired without any income? How severe it is?
Educate yourself a bit on this, ease on the rambling and come back with a better argument.
SUSLiamness
post Sep 21 2020, 01:42 PM

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QUOTE(nakal_mode @ Sep 21 2020, 01:34 PM)
Copyright claim between TS and TheQuartering does not falls under DMCA, just because you can make the claim does not means it can be applied.

Also false DMCA claim is an offense under US law.
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1) he didn't apply it.. YOUTUBE automatically did.

2) Yes, yes he can use DMCA. He is the original author of his material. He has every right on how and where it can be used.


bottomfrag
post Sep 21 2020, 01:42 PM

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QUOTE(cyhborg @ Sep 21 2020, 01:38 PM)
hm, if that's true, then it still can be considered "reporting" (i.e. adding pictures to illustrate what is being talked about). but i dunno, i'm not expert in this  sweat.gif
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If it's just there without any references made to it, then what is it being reported about? Well pretty sure most of us are not experts as well. Especially since the law differs between countries.
cyhborg
post Sep 21 2020, 01:43 PM

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QUOTE(Stirmling @ Sep 21 2020, 01:41 PM)
fair enough, the owner does own the art, and others can use the art as part of a commentary. hmm.gif

i thought for manual copyright strike, youtube would at least go through the claims manually before giving you a strike? huh.gif
well Cr1tikal also did mentioned how hard it is to get in touch with an actual human from Youtube side of things (including Markiplier had problems trying to contact them so you have to rely on raising as much racket as possible) dry.gif
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yeah, which is why many ytubers getting more frustrated with yt over this issue, sampai hashtag Where's the Fair Use (#WTFU) emerged a few years back
SUSSKY233
post Sep 21 2020, 01:43 PM

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eeeeeee white boy penipu
FauxHawk
post Sep 21 2020, 01:45 PM

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QUOTE(Liamness @ Sep 21 2020, 01:29 PM)
yup.. that copyright protection falls firmly under DMCA restrictions. TS can use the DMCA to fight any lawsuit on fair use of his material and win.

Mat Salleh would be stupid to take this to court. He will lose for sure.

What he SHOULD do now is to remove TS artwork and re-create the video. Problem solved..
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If TS had PMed him to remove the image and straight away copyright strike him then can la. Now got that strike on the account, that's the problem.

QUOTE(Liamness @ Sep 21 2020, 01:42 PM)
1) he didn't apply it.. YOUTUBE automatically did.

2) Yes, yes he can use DMCA. He is the original author of his material. He has every right on how and where it can be used.
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TS said he copyright strike the video , not Youtube auto.
C-Fu
post Sep 21 2020, 01:48 PM

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QUOTE(Killy @ Sep 21 2020, 01:46 AM)
dude you could have contacted him first instead of going for a strike straight
apparently, Youtube system is pretty terrible and they have very little leeway with strikes
if you watch his video, he says that he doesn't blame you but rather Youtube's system

personally I don't like his content, too sensationalized, dramatic
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why should he? the youtuber's action - that counts as a willing intent. he knew what he was doing. he did not ask permission beforehand. art is art, and often got idiots who think stealing art should have some "fair use" leeway, even when fair use means something else entirely.

a local telco stole my work many many years ago. somebody there think it's OK because it's just me vs her hiding in the name of the telco.

think she wanna layan my request that

1. she willingly stole my work
2. she did not ask permission
3. she should have paid me
4. she have to pay me

and MY SIDE have to wait for the whole redtape communication in the telco crossing multiple departments and levels and floors for a youtube video, and suck it up and expect not to have a favorable outcome in the meantime?

yeah. no fucking way. ako dmca je. instant communication, she got reprimanded as she should, telco apologized. fast, easy, setel.

fuck that white boi privilege. he knew what he was doing, he did not ask, nor did he want to ask beforehand, and now whining about a bigger entity enforcing dmca before that entity kena enforced themselves, and now trying to gain sympathy to join the group that got assraped by dmca? go die la cb amdk

This post has been edited by C-Fu: Sep 21 2020, 01:54 PM
osflumx
post Sep 21 2020, 01:49 PM

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topkek looking at the replies ts must be rubbing his hands and growing hooked nose
BlackMambo
post Sep 21 2020, 01:50 PM

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QUOTE(Liamness @ Sep 21 2020, 01:42 PM)
1) he didn't apply it.. YOUTUBE automatically did.

2) Yes, yes he can use DMCA. He is the original author of his material. He has every right on how and where it can be used.
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Nope, what he did is making a false claim.

A fan-art is ILLEGAL.
I repeat, in the eye of the law a FAN-ART IS ILLEGAL

It is currently under a mutual stand off between the artist and these company.
But they can, under every right of this stupid fucking law, eliminate fan-art and its entirety.

This post has been edited by BlackMambo: Sep 21 2020, 01:50 PM
SUSLiamness
post Sep 21 2020, 01:51 PM

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QUOTE(FauxHawk @ Sep 21 2020, 01:45 PM)
If TS had PMed him to remove the image and straight away copyright strike him then can la. Now got that strike on the account, that's the problem.
TS said he copyright strike the video , not Youtube auto.
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TS did PM the youtuber to remove his image from the video.. But he never got a response back. Hence why he took the nuclear option of reporting it to youtube..



You got understand how youtube copyright strike works or not?? Youtube doesn't care whether it is a small section or what.. If someone makes a copyright report on your video, and it is successful, Youtube will remove the video entirely.

Once a report is made, there is no human involved in the process.. It is all down automatically.. So TS copyright strike the entire video because that is only available option he can take..

This post has been edited by Liamness: Sep 21 2020, 01:51 PM

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