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

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scorptim
post Sep 22 2020, 11:07 AM

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QUOTE(jbcoder @ Sep 22 2020, 10:34 AM)
TS is a terrible negotiator. It's very common among artistic types, they lack brain cells to negotiate and can't see or play long games.

That's why artists like these types are looked down on by marketing/sales people. Everything pakai emotion/ego to act. They don't think with their brains.

He could've turned this situation into a positive one but instead, now because of his ego and false sense of pride/worth injected by k-tard trolling/egging him on to destroy himself for their drama/entertainment, he will suffer the consequences of internet wrath soon.
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There’s no such thing as bad publicity. If you’re a sales person you should know this.

QUOTE(jbcoder @ Sep 22 2020, 10:39 AM)
You don't talk so much lah. You and your gang are the ones who egged him on and mislead him to think he actually has supporters when in fact you just want to see him burn for entertainment.

Blackmambo was the real deal giving real advice. You go sabo him for popcorn purposes.
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We gave him real advise, blackmambo was overly biased. The advise most of us have him is to stand his ground until the AMDK contact him to remove the strike. Which the AMDK did but didn’t expect TS to demand formal apology pula. So now TS should really just call it a day.
kurangak
post Sep 22 2020, 11:07 AM

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QUOTE(cyhborg @ Sep 22 2020, 10:50 AM)
under fair use, you don't need to ask permission

however, you can do so as courtesy
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QUOTE
QUOTE
copyright law has a doctrine called “fair use” that (in the name of free speech) protects certain uses that would otherwise be an infringement. To find protection in fair use, a second work must be an artistically transformative use of the first, not have a great economic impact on the first, and not take too much of the first.


https://jomosthompson.wordpress.com/2010/05...late-copyright/

QUOTE
You must have permission to copy, distribute, display, or make derivative works of anyone else’s art (or other creative works); otherwise, doing so is copyright infringement.

Simply crediting the artist is not the same as getting the artist’s permission.

That the art is “fan art” does not free you of the need to get permission. In fact, if the art is a derivative work of someone else’s work (such as a fan painting of a television show character), then you may need the permission of the copyright holder of the original work as well, to be using the fan art legally.
https://www.quora.com/Without-asking-permis...-ask-permission
not really
SUSLiamness
post Sep 22 2020, 11:09 AM

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QUOTE(weiloon888 @ Sep 22 2020, 11:03 AM)
So much entitlement from TS. Let's face it, he did you a big favor by sharing your work to his audience, which is at a scale far greater than you'll ever be able to. You should be thanking him for sharing your work. Post a comment something like "Thanks for using my artwork! (time - time)". But noooo, you wanna copy strike him. Then you got a huge lifeline to save what's left of yourself, but you demand an apology instead. Hope there's no u-turn on this, to really teach you a lesson on what it means to have basic human decency.
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lol?? please lah.. TS done nothing wrong. He obviously wanted his artwork removed from this youtuber because of whatever reasons.. Probably just doesn't like the neckbeard..

Infact, TS been teaching the neckbeard important lessons such as developing his own policy on asking for permission before using other peoples material..

The neckbeard fully deserves the copyright strike. He infringed on TS, and now he doesn't want to own up to his mistake?

A crime is a crime.. The police ain't going to be as lenient as you think..

This post has been edited by Liamness: Sep 22 2020, 11:11 AM
SUSmac60931
post Sep 22 2020, 11:09 AM

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QUOTE(mac60931 @ Sep 22 2020, 11:07 AM)
biggrin.gif  icon_idea.gif  tongue.gif

Fair Use

Fair Use is a U.S. law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner. However, Fair Use is determined on a case by case basis, and different countries have different rules about when it’s okay to use material without the copyright owner’s permission. In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation.

https://www.youtube.com/howyoutubeworks/pol...right/#fair-use
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QUOTE(kurangak @ Sep 22 2020, 11:07 AM)
Yup. biggrin.gif

This post has been edited by mac60931: Sep 22 2020, 11:10 AM
chitchat
post Sep 22 2020, 11:09 AM

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QUOTE(supfinal @ Sep 22 2020, 02:42 AM)
ItsAGundam sent a DM to me. he told me he been talking to theQuatering and ask if i could take back the claim as a favour for him. ItsAGundam is an edgelord on youtube but really nice guy in person..
and I really respect his opinion. If gundam wants me to take back the claim, then I will do it only if theQuatering make a formal apology for all the harassment that he cause. so now its all up to theQuatering
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TS you request is very reasonable.

Let just go thru the possible situation/action that is going to happen, there is no need to go in detail/debating on fair use/DMCA/copyright etc. yet

In order for the youtuber to remove the copyright strike,

1) Wait for 90 days. If u dont follow the claim with lawsuit, the strike will expired after 90 days. Since u not going to for any lawsuit, so just let strike expired by itself.

2) You retract the claim. Since u already said if he make a formal apology and you will retract, which i think is fair. But looking at his latest tweet saying blackmail then i guess is not going to happen. So u just stick to option 1 above let it strike expired by itself.

I would say that u do not need to contact him at all if you going for option 1. If there is contact, use email for proper black and white. Even any of his party email u, u can take your own sweet time to reply them one week later (youtuber can say inbox spammed didnt see, u can say u are busy). Most important do not take any/ask any money from him for settlement, even if he offered. This will just look bad on u.

3) Youtuber contest the claim. If he want the strike to remove faster he will need to contest it with youtube. So he have to make an appeal to youtube, which i believe then youtube will link/inform u of youtuber intention. His party most probably will contact u by email on watever "lawsuit" he claim. Do not worry, he can sent u LoD, court notice etc. as long as the court notice is not by malaysia court u can ignore it.

For him to sue u, he need to come up with a case, so what he going to sue u for ? the drawing he used in the video is indeed your artwork, so there is no false claim here. He cant sue u saying u use a gundam another party IP in the drawing (that is for bandai to sue u, which i am pretty sure they wont). He cant sue you for getting the strike because that is by youtube. To me there is no case here, even if he somehow cook up a case, the money that need to spend to sue someone in malaysia by no mean small. Even big company are unwilling to do oversea court case unless the gain for winning the case is so big. So if youtuber somehow win the court case in malaysia, u will just need to retract you claim from youtube immediately only. Lastly the the time needed to cook up a case and bring it all the way to malaysia court, definitely gonna take more than the 90 days expiry period.

My conclusion, TS u can just ignore him, let him suck thumb for 90 days wait for the strike to expired laugh.gif laugh.gif laugh.gif


silvertoes
post Sep 22 2020, 11:12 AM

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QUOTE(jbcoder @ Sep 22 2020, 10:34 AM)
TS is a terrible negotiator. It's very common among artistic types, they lack brain cells to negotiate and can't see or play long games.

That's why artists like these types are looked down on by marketing/sales people. Everything pakai emotion/ego to act. They don't think with their brains.

He could've turned this situation into a positive one but instead, now because of his ego and false sense of pride/worth injected by k-tard trolling/egging him on to destroy himself for their drama/entertainment, he will suffer the consequences of internet wrath soon.
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but this one is a fanart artist only.. no original art what.. why the hell so cocky..

if artist like Chang Fee Ming, Khalil Ibrahim, Redza Piyadasa or Yusof Ghani ok la.. but none of this masterpieces artist ego like this doh.gif
SUSmac60931
post Sep 22 2020, 11:12 AM

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QUOTE(chitchat @ Sep 22 2020, 11:09 AM)
TS you request is very reasonable.

Let just go thru the possible situation/action that is going to happen, there is no need to go in detail/debating on fair use/DMCA/copyright etc. yet

In order for the youtuber to remove the copyright strike,

1) Wait for 90 days. If u dont follow the claim with lawsuit, the strike will expired after 90 days. Since u not going to for any lawsuit, so just let strike expired by itself.

2) You retract the claim. Since u already said if he make a formal apology and you will retract, which i think is fair. But looking at his latest tweet saying blackmail then i guess is not going to happen. So u just stick to option 1 above let it strike expired by itself.

I would say that u do not need to contact him at all if you going for option 1. If there is contact, use email for proper black and white. Even any of his party email u, u can take your own sweet time to reply them one week later (youtuber can say inbox spammed didnt see, u can say u are busy). Most important do not take any/ask any money from him for settlement, even if he offered. This will just look bad on u.

3) Youtuber contest the claim. If he want the strike to remove faster he will need to contest it with youtube. So he have to make an appeal to youtube, which i believe then youtube will link/inform u of youtuber intention. His party most probably will contact u by email on watever "lawsuit" he claim. Do not worry, he can sent u LoD, court notice etc. as long as the court notice is not by malaysia court u can ignore it.

For him to sue u, he need to come up with a case, so what he going to sue u for ? the drawing he used in the video is indeed your artwork, so there is no false claim here. He cant sue u saying u use a gundam another party IP in the drawing (that is for bandai to sue u, which i am pretty sure they wont). He cant sue you for getting the strike because that is by youtube. To me there is no case here, even if he somehow cook up a case, the money that need to spend to sue someone in malaysia by no mean small. Even big company are unwilling to do oversea court case unless the gain for winning the case is so big. So if youtuber somehow win the court case in malaysia, u will just need to retract you claim from youtube immediately only. Lastly the the time needed to cook up a case and bring it all the way to malaysia court, definitely gonna take more than the 90 days expiry period.

My conclusion, TS u can just ignore him, let him suck thumb for 90 days wait for the strike to expired  laugh.gif  laugh.gif  laugh.gif
*
Yup. Popcorn materials. biggrin.gif

user posted image
cyhborg
post Sep 22 2020, 11:13 AM

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QUOTE(kurangak @ Sep 22 2020, 11:07 AM)
you're conflating two different things here.

"Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder"

https://en.wikipedia.org/wiki/Fair_use

the second part you quote is about the creation of fan art; jeremy's part only concerns your first quote.

This post has been edited by cyhborg: Sep 22 2020, 11:14 AM
msacras
post Sep 22 2020, 11:13 AM

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QUOTE(BuKeYi @ Sep 22 2020, 11:06 AM)
ItsaGundam give you an advise but u die die want an apology beforehand

Is that a dead or alive situation?

You could have take this opportunity to discuss and promote your artwork, smart people will use this opportunity to turn things better. While you stubborn as hell will destroy ur work because of your ego.
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AMDK sure taste good didn’t?
SUSLiamness
post Sep 22 2020, 11:15 AM

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QUOTE(mac60931 @ Sep 22 2020, 11:12 AM)
Yup. Popcorn materials. biggrin.gif

user posted image
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it's freaking good..

teach that AMDK not to mess with malaysians.

SUSmac60931
post Sep 22 2020, 11:16 AM

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QUOTE(cyhborg @ Sep 22 2020, 11:13 AM)
you're conflating two different things here.

"Fair use is a doctrine in the law of the United States that permits limited use of copyrighted material without having to first acquire permission from the copyright holder"

https://en.wikipedia.org/wiki/Fair_use

the second part you quote is about the creation of fan art; jeremy's part only concerns your first quote.
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How do you explain this then? biggrin.gif icon_idea.gif tongue.gif

QUOTE(mac60931 @ Sep 22 2020, 11:07 AM)
biggrin.gif  icon_idea.gif  tongue.gif

Fair Use

Fair Use is a U.S. law that allows the reuse of copyright-protected material under certain circumstances without getting permission from the copyright owner. However, Fair Use is determined on a case by case basis, and different countries have different rules about when it’s okay to use material without the copyright owner’s permission. In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation.

https://www.youtube.com/howyoutubeworks/pol...right/#fair-use
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kurangak
post Sep 22 2020, 11:17 AM

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QUOTE(chitchat @ Sep 22 2020, 11:09 AM)

For him to sue u, he need to come up with a case, so what he going to sue u for ? the drawing he used in the video is indeed your artwork, so there is no false claim here. He cant sue u saying u use a gundam another party IP in the drawing (that is for bandai to sue u, which i am pretty sure they wont). He cant sue you for getting the strike because that is by youtube. To me there is no case here, even if he somehow cook up a case, the money that need to spend to sue someone in malaysia by no mean small. Even big company are unwilling to do oversea court case unless the gain for winning the case is so big. So if youtuber somehow win the court case in malaysia, u will just need to retract you claim from youtube immediately only. Lastly the the time needed to cook up a case and bring it all the way to malaysia court, definitely gonna take more than the 90 days expiry period.

My conclusion, TS u can just ignore him, let him suck thumb for 90 days wait for the strike to expired  laugh.gif  laugh.gif  laugh.gif
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this lel.
sunami
post Sep 22 2020, 11:17 AM

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from this tered...
macam alot white arse jilater jer...
cyhborg
post Sep 22 2020, 11:17 AM

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QUOTE(mac60931 @ Sep 22 2020, 11:16 AM)
How do you explain this then?  biggrin.gif  icon_idea.gif  tongue.gif
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"In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation."

the youtuber can use above as defence
kurangak
post Sep 22 2020, 11:20 AM

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QUOTE(cyhborg @ Sep 22 2020, 11:17 AM)
"In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation."

the youtuber can use above as defence
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if the so called commentary criticism or news reporting is done in regards of the art itself. which the youtuber clearly did not.
SUSmac60931
post Sep 22 2020, 11:20 AM

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QUOTE(kurangak @ Sep 22 2020, 11:17 AM)
this lel.
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Yup. Even if Jeremy wins the case in Malaysia, All ts need to do is retract the youtube claim back. Worth it? Don't know but it sure is my popcorn materials. biggrin.gif icon_idea.gif tongue.gif

user posted image
SUSmac60931
post Sep 22 2020, 11:22 AM

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QUOTE(cyhborg @ Sep 22 2020, 11:17 AM)
"In the U.S., works of commentary, criticism, research, teaching, or news reporting might be considered fair use, but it can depend on the situation."

the youtuber can use above as defence
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You do know ts is from MALAYSIA right? biggrin.gif
cyhborg
post Sep 22 2020, 11:22 AM

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QUOTE(kurangak @ Sep 22 2020, 11:20 AM)
if the so called commentary criticism or news reporting is done in regards of the art itself. which the youtuber clearly did not.
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i thought he was commenting on pokimane drama? hence the inclusion of the image? i didn't see the video so i don't know the details
spacelion
post Sep 22 2020, 11:23 AM

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why we cannot brigade and attack the youtuber

cause more drama
lahart
post Sep 22 2020, 11:24 AM

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QUOTE(spacelion @ Sep 22 2020, 11:23 AM)
why we cannot brigade and attack the youtuber

cause more drama
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N give him more money from video view?
Not interesting


This post has been edited by lahart: Sep 22 2020, 11:24 AM

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