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

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Chobits
post Sep 22 2020, 02:02 PM

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Yes yes,the plot thickens
ReoAyanami
post Sep 22 2020, 02:08 PM

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QUOTE(wanted111who @ Sep 22 2020, 12:14 PM)
If you say so,  go inform thequatering TS is in Malaysia and the cost of hiring Malaysia lawyer is 1/4 of that in USA,  and recommend lawyer contact to the quartering as well. Myr 20k is like 5k usd only,  am sure people like thequartering prepared to fork out 10k usd when he decided to approach Mike.

My advice to TS is try salvage the situation however you can and good luck, you will need it.

Blackmail is crime in Malaysia according to the law, and of course, since thequatering is famous youtuber, hope lawyer he hired here don't give any reputation damage idea to his client.
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LOL. Lawyers here are not stupid. They will charge him in USD + some admin fee. brows.gif
SUSLiamness
post Sep 22 2020, 02:10 PM

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QUOTE(nakal_mode @ Sep 22 2020, 01:59 PM)
So TS isn't doing the same thing by crying to /k?

Evidence is all there in the first few page of the thread.

What TheQuartering did is covered by fair use and proper credit has been given because the signature on the drawing is still there, never expected that an artist that thrived and make his livelihood depending on fair use actually have no idea how fair use works.
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cry here got outsider reading?

lol..

Fair use only covers you when you are discussing on the material being used. Which thequartering never did. He used TS artwork as his video thumbnail in order to get more eyeballs on his video. A very scummy thing to do.

Promotion does not mean PERMISSION.. thequartering never got permission to use the artwork. This is a clear cut copyright infringement issue already. TS is not wrong for asking a copyright strike. Heck, he doesn't even need to approach thequartering for a cease or desist notice.. straight copyright strike him is the appropriate response given that his rights have been encroached..



Slowpokeking
post Sep 22 2020, 02:10 PM

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QUOTE(ReoAyanami @ Sep 22 2020, 02:08 PM)
LOL. Lawyers here are not stupid. They will charge him in USD + some admin fee. brows.gif
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The Quartering has fans backing him in gofundme.

I hope people that egg TS to continue this battle donate money to support him later on.
kitzai
post Sep 22 2020, 02:11 PM

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Cant view the video, what artwork he used? Kind to show ?
brkli
post Sep 22 2020, 02:13 PM

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QUOTE(Liamness @ Sep 22 2020, 01:47 PM)
you got understand what TS demand apology in the first place or not??

He isn't demanding apology for using his artwork, he is demanding an apology for the provocative follow up video & harassment by thequartering supporters .. thequartering inadvertently set his support dogs onto TS by uploading that video instead of settling the issue privately first..

You say that thequartering is a long time youtuber and he knows what he is doing.. But no.. his actions clearly show that he doesn't indeed, know what he is doing..

In the first place, why did he use material for his video without first seeking the original artist for permission?? This is a big no no in the media world.. Some of these youtubers need a good lesson.

Has he learnt from this lesson? It seems the answer is a clear no..

Not saying TS is right either, especially in his negotiation style to settle a dispute, but he does have legit claim to copyright issues on his artwork. Fan art or not.. He is the author and owner of the work and has rights to the distribution & usage of it.
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then what he want should not be an apology. but a statement(or tweet or followup video or whatever) from thequartering to his supporter and follower to not harass him anymore on this issue and etc and put this issue to rest. an "apology" from thequartering does the opposite.

This post has been edited by brkli: Sep 22 2020, 02:19 PM
nakal_mode
post Sep 22 2020, 02:14 PM

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QUOTE(jbcoder @ Sep 22 2020, 10:37 AM)
Because it's a strategic LEGAL move that would appear on quartering's favor if the video isn't left to be used as evidence to be used by suppa_rider that quartering is sending brigades to bully him.

The video may weaken his case.
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The video actually excuses TheQuartering from whatever brigading that happened, and from what I see from TS Facebook, not a lot.
busdriverrocks
post Sep 22 2020, 02:17 PM

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look like yt take down his provo video.
Slowpokeking
post Sep 22 2020, 02:17 PM

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QUOTE(jbcoder @ Sep 22 2020, 10:37 AM)
Because it's a strategic LEGAL move that would appear on quartering's favor if the video isn't left to be used as evidence to be used by suppa_rider that quartering is sending brigades to bully him.

The video may weaken his case.
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I watched the full video. It’s more about his ranting about YouTube system than TS.

The first comment from his video is asking his fans not to brigade TS.

Most likely the video is private under his lawyers advice, which means that future negotiations will come from his lawyers liao.
SUSLiamness
post Sep 22 2020, 02:18 PM

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QUOTE(brkli @ Sep 22 2020, 02:13 PM)
then what he want should not be an apology. but a statement(or tweet or followup video or whatever) from thequartering to his supporter and follower to not harass him anymore on this issue and etc and put this issue to rest. an "apology" from thequartering does the opposite.
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statement, video, apology, etc.. all the same la.

TS want thequartering to admit in public he was wrong in posting the video in any shape or form..

whether that is the right way to elicit is another matter in itself.
kitzai
post Sep 22 2020, 02:21 PM

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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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I wonder who lacks of decency here....

The one using other artworks without crediting or the one complained someone used his artwork without approval?

As stated by copyright policy, you should only used artworks created yourself.

Btw, I machiem know u bro
nakal_mode
post Sep 22 2020, 02:23 PM

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QUOTE(Liamness @ Sep 22 2020, 02:10 PM)
cry here got outsider reading?

lol..

Fair use only covers you when you are discussing on the material being used. Which thequartering never did. He used TS artwork as his video thumbnail in order to get more eyeballs on his video. A very scummy thing to do.

Promotion does not mean PERMISSION.. thequartering never got permission to use the artwork. This is a clear cut copyright infringement issue already. TS is not wrong for asking a copyright strike. Heck, he doesn't even need to approach thequartering for a cease or desist notice.. straight copyright strike him is the appropriate response given that his rights have been encroached..
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That is not how fair use works, TS drawings is not used to promote TheQuartering work and the monetization is on the video commentary that is not related to the drawings. In other word, TS drawing has 0 significance to the video and any drawings could have been used and the no value would have been lost.

There is no infringement as these are all covered under fair use just like how TS don't get sued till bankrupt for infringing on Capcom, Warner, Activision Blizzard, Bandai, Bethesda IP by producing "fan art" without their permission. Before you even go on and say because TS draw it therefore it is his copyright, no the copyright still belongs to the company because TS does not owns the IP, just like in this case TS does not owns the IP for Pokimane and ItsAGundam. The company can anytime demands TS to remove all the drawings and if he refuse sued him.

Just because someone shows 2 secs of his drawings does not gives TS the rights to claim the whole video as his, this is what copyright strike is about
NicePost
post Sep 22 2020, 02:24 PM

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parking in tered legendary
nakal_mode
post Sep 22 2020, 02:25 PM

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QUOTE(kitzai @ Sep 22 2020, 02:21 PM)
I wonder who lacks of decency here....

The one using other artworks without crediting or the one complained someone used his artwork without approval?

As stated by copyright policy, you should only used artworks created yourself.

Btw, I machiem know u bro
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Proper credit has been given because the signature on the drawings are not removed, do you even see the original video?

And within copyright law there is a provision for fair use else TS himself is going to get sued to bankruptcy for all the infringement he committed.
yvliew
post Sep 22 2020, 02:25 PM

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What happened to the youtuber video? What’s his youtube name again?
weiloon888
post Sep 22 2020, 02:26 PM

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QUOTE(kitzai @ Sep 22 2020, 02:21 PM)
I wonder who lacks of decency here....

The one using other artworks without crediting or the one complained someone used his artwork without approval?

As stated by copyright policy, you should only used artworks created yourself.

Btw, I machiem know u bro
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eh u know me? i dont know u wo macam. blink.gif
nakal_mode
post Sep 22 2020, 02:31 PM

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[quote=kurangak,Sep 22 2020, 11:07 AM]
https://jomosthompson.wordpress.com/2010/05...late-copyright/
https://www.quora.com/Without-asking-permis...-ask-permission

[/quote]

not really
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[/quote]

The context of the answer is on the production and monetization of fan art which has and always been illegal by law.

Most just close 1 eye because it would be a jerk move to wield the rights and smack down all the fan art creator.
SUSLiamness
post Sep 22 2020, 02:31 PM

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QUOTE(nakal_mode @ Sep 22 2020, 02:23 PM)
That is not how fair use works, TS drawings is not used to promote TheQuartering work and the monetization is on the video commentary that is not related to the drawings. In other word, TS drawing has 0 significance to the video and any drawings could have been used and the no value would have been lost.

There is no infringement as these are all covered under fair use just like how TS don't get sued till bankrupt for infringing on Capcom, Warner, Activision Blizzard, Bandai, Bethesda IP by producing "fan art" without their permission. Before you even go on and say because TS draw it therefore it is his copyright, no the copyright still belongs to the company because TS does not owns the IP, just like in this case TS does not owns the IP for Pokimane and ItsAGundam. The company can anytime demands TS to remove all the drawings and if he refuse sued him.

Just because someone shows 2 secs of his drawings does not gives TS the rights to claim the whole video as his, this is what copyright strike is about
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Wrong.. TS drawing appeared in the thumbnail of the video.. That in itself is promotional material. It's not just 2 second clip. It's eternity..

and doesn't matter how long it appears in the video for. Getting permission means getting permission. People commit crimes within 2 seconds, does that mean they should escape punishment because the crime was merely 2seconds long? No right.. so why should this youtuber be given a free pass?

and by your idiotic logic about fan-art being FOC, why stop at TS drawing? Why not you go to a street artist and ask them to paint your fav cartoon hero. Then when he is done, you tell him you aren't paying him and he should surrender the drawing for FREE, since it is fan-art and his labour and skill doesn't matter. lol

This post has been edited by Liamness: Sep 22 2020, 02:39 PM
kitzai
post Sep 22 2020, 02:32 PM

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QUOTE(weiloon888 @ Sep 22 2020, 02:26 PM)
eh u know me? i dont know u wo macam.  blink.gif
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Your nickname ... you in media design ?


nakal_mode
post Sep 22 2020, 02:33 PM

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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
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Good, egg him on and stroke his ego more with even more bad advise.

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