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

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empyreal
post Sep 21 2020, 08:58 AM

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QUOTE(BlackMambo @ Sep 21 2020, 08:39 AM)
I am not defending this neckbeard specifically, I am defending YouTube creator in general.
I would understand if TS artwork have significant presence in the video content, but its 2 fucking seconds dog  doh.gif
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im going to say that not defending your rights when others are profiting off it, even for 2 seconds, is being a beta.
empyreal
post Sep 21 2020, 10:26 AM

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QUOTE(BlackMambo @ Sep 21 2020, 10:17 AM)
Dude stop, calm down a bit and let the bad blood between us set aside for a moment.

You need to advice TS to stop whatever the fuck he is doing.
He is not aware on what the fuck he is doing right now.

Said artwork is a fan-art, you can't monetize a fan-art.
The only reason why fan-art weren't gone in this capitalist world because it is protected under free use and fair rights.

But he can't monetize it nor claim it as his IP.
By striking the video he is essentially saying that he owns the artwork and the character as his IP, which he isn't.
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that makes the case for a strike arguably stronger: by using his artwork, the youtuber exposed ts to the risk of litigation (of commercialising his fanart)

empyreal
post Sep 21 2020, 10:36 AM

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QUOTE(BlackMambo @ Sep 21 2020, 10:32 AM)
Fair use mate.
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that doesnt protect ts from any allegation that ts sold the work to that youtuber for his public use.
empyreal
post Sep 21 2020, 11:04 AM

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QUOTE(BlackMambo @ Sep 21 2020, 10:58 AM)
It doesn't, just like it doesn't protect ts from drawing the artwork in the first regardless if he being paid to do so.

In this comic/art world we all rely on good wills of these companies.
And these companies in turn were hold favorably as a return. They are, after all, wouldn't want to draw the ire of their core fan base.

As for youtube video, fair rights is also a good will from youtube and the companies involved.
As long as you are not being blatant about it, this fair rights is applicable.

TS is like these IP company, but without good will, whom overzealously protect his IP.
But he is currently at a worse position since he doesn't have the right for this IP in the first place.
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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.

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.
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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.
empyreal
post Sep 21 2020, 11:55 AM

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QUOTE(BlackMambo @ Sep 21 2020, 11:27 AM)
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.
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are you sure you're following the conversation, mate?

we're not talking about being sued for doing fanart, we're talking about the risk of being litigated for commercialising his fanart.

empyreal
post Sep 21 2020, 03:16 PM

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QUOTE(BlackMambo @ Sep 21 2020, 02:52 PM)
You do realize that STRIKING A VIDEO FOR A COPY RIGHT CLAIM IS A LEGAL ACTION   bangwall.gif
Which is why most youtuber rely on their team of lawyer and expert to do these shit, but TS being the naive shit he is started this legal action all by himself.

TS NEED TO RETRACT THIS BEFORE ITS TOO LATE  bangwall.gif
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no, its not.

its a legal action insofar that its not illegal to do so, but it doesnt involve the legal system nor lawyers. its a complaint lodged with a private entity, lets not overexaggerate to the point of false information.
empyreal
post Sep 21 2020, 03:38 PM

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QUOTE(BlackMambo @ Sep 21 2020, 03:26 PM)
Exercising your copy right rights IS a legal action.
Which is why in the YouTube complaint form you have to tick the 'legal complaint' box.

You do not need to be a certified lawyer to initiate a legal action.
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youre using an actual term according to your own definitions. just because it involves legal elements doesnt mean that its a legal action. everything we do everyday has legal elements.

by that logic, if i complained that my frappe is a bit warm, youre saying that ive just initiated a legal action against starbucks for infringing on their contractual obligation.

no.


empyreal
post Sep 21 2020, 03:52 PM

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QUOTE(Solar Calendar @ Sep 21 2020, 03:45 PM)
Actually it is a legal action. It is under their DMCA law. As long as TS owns the artwork, he shouldn't be afraid. I did abit of research and realize tohe youtuber can sue TS for false claim, which is illegal under their DMCA law.
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i disagree. as it is right now, the point of youtube handling it is so that it doesnt become a legal action (i.e. X suing Y etc.). basically, youtube is not part of the judicial system.

if there's no resolution (or one side is unhappy with youtube's 'arbitration'), then they can proceed to a legal action. that is a separate (but related) issue.
empyreal
post Sep 21 2020, 04:02 PM

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QUOTE(BlackMambo @ Sep 21 2020, 03:48 PM)
That is retarded comparison.
Copy right strike is a clear legal action with statute and definition behind it.
Youtube provide the platform and the means to exercise this legal challenge and if the filing is legal and correct, there is a court of law that will uphold.

Does your rights to a hot frappe fall under any statute? Any legal bindings? Would the court uphold this rights?
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yes, my right to a (cold) frappe (a frappe is iced, btw) is a contractual agreement between me and starbucks upon me purchasing it. enforcing contracts is a big part of the legal system, if youre not aware, so you're damn right that the courts will uphold this (if not considered frivolous).

im glad you think the example sounded 'retarded', its literally an analogue to your argument.
empyreal
post Sep 21 2020, 04:13 PM

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QUOTE(BlackMambo @ Sep 21 2020, 04:00 PM)
YouTube is taking a completely hand-off approach in these legal matters. They doesn't handle shit.
All they did is providing the means to the legal claim to be made and let em duke it out, similar to the DMCA.

Like I said many times before, YouTube took down the vid as soon as the complaint is being filed to protect themselves.
Not because they already decided who is wrong and right.

Like I said over and over again, filing a strike is a legal action clearly defined under the law.
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first time im hearing someone claim that youtube doesnt review the copyright strikes it receives.
empyreal
post Sep 21 2020, 05:22 PM

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QUOTE(ReoAyanami @ Sep 21 2020, 05:01 PM)
Then he should be begging TS to remove the strike cause a court case is only going to hurt himself more. laugh.gif
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it sounded like a poor mechanism so i googled it:

QUOTE
There are three ways to resolve a copyright strike:

Wait for it to expire: Copyright strikes expire after 90 days. If it's your first strike, you'll need to complete Copyright School.
Get a retraction: You can contact the person who claimed your video and ask them to retract their claim of copyright infringement.
Submit a counter notification: If your video was mistakenly removed because it was misidentified as infringing, or qualifies as a potential fair use, you may wish to submit a counter notification.


https://support.google.com/youtube/answer/2...f_topic=9282678
empyreal
post Sep 21 2020, 05:30 PM

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QUOTE(ReoAyanami @ Sep 21 2020, 05:26 PM)
How is a lawsuit better than any of those option? Seems like he just wants to make his video more dramatic by bringing up a law suit.
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if i understand this right, he can do a counter notification (and presumably youtube will review) or just wait 90 days.

seems like there's a range of options he can take.
empyreal
post Sep 22 2020, 03:29 PM

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QUOTE(dante1989 @ Sep 22 2020, 03:20 PM)
does:

i wont do X unless you publicly apologise to me count as extortion?
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depends on what jurisdiction. if it say it needs to involve any form of property or anything of value, then it wont go anywhere.
empyreal
post Sep 22 2020, 03:42 PM

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QUOTE(nakal_mode @ Sep 22 2020, 03:38 PM)
The Quartering Twitter mentioned he is from Milwaukee.

Maybe can check on what is defined as blackmail and extortion in Milwaukee.
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im neither his, ts' or your lawyer.
empyreal
post Sep 22 2020, 05:59 PM

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QUOTE(ReoAyanami @ Sep 22 2020, 05:43 PM)
thanks for the link, its educational for me. of course i have to validate internet claims but many of the statements seem legit, e.g. i didnt know there's an exemption for selling one drawn fanart vs selling copies and prints of the same.

QUOTE
Your bigger problem is doing fanart. You are copying other people’s creative work. You can sell one original piece as fine art as that is a fair use exemption. However you can’t sell copies. Such as prints. If you want to sell it, Then you need to pay and get a license from the original copyright holder. Sometimes they grant it, sometimes they don’t.

INAL just an owner of copyrights that we do enforce our rights too.


empyreal
post Sep 22 2020, 06:27 PM

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QUOTE(nakal_mode @ Sep 22 2020, 06:23 PM)
To be fair, TS does infringe on a lot of IP, just go and have a look at his gallery on DeviantArt.

If this precedent is set, all those companies can legally come after TS for producing and publishing art of their IP without acquiring the rights to do so.
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if companies can already 'legally come after' artists but just doesnt do so since it doesnt make economic sense, then there's no precedent to set.
empyreal
post Sep 23 2020, 09:38 AM

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QUOTE(jbcoder @ Sep 23 2020, 09:31 AM)
Nah, TS should continue to listen to fake advice from K to shit-show the whole thing for k's entertainment.
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actually, the advice was correct and had the desired result: for all of the youtuber's big talk, in the end he sent a compromise offer (whether or not upon the advice of his own lawyer).

what subsequently transpired is unclear, but at this point ts would have gotten more than if he just rolled over at the start.
empyreal
post Sep 23 2020, 12:11 PM

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QUOTE(shotgun @ Sep 23 2020, 12:02 PM)
Who can support him in us? All of us is in Malaysia? Is like need support him in us court. Come on man. Otherwise u r becoming stupid like sup. When people say just retract his strike. That's it, no win and lose
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considering the us court has no jurisdiction on a malaysian citizen (as the defendant), why would the case be in a us court?
empyreal
post Sep 23 2020, 04:14 PM

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QUOTE(Liamness @ Sep 23 2020, 03:46 PM)
TS started a war with a famous American youtuber. He issued a copyright infringement takedown notice for the youtuber for using a 2 second clip of TS original drawing without TS consent.

The Youtuber now has a strike to his channel. Another 2 more strikes and the youtuber will be banned, effectively ending his income stream. 
This war officially started 2 days ago when the Youtuber called out TS and send his legions of supporters to sabo TS.. TS come to /k requesting for back-up.

Ktards gave TS advise to stand firm and don't cave in to the neckbeard youtuber. So TS issued a request to youtuber to issue a formal apology for harassment and inciting cyber-bullying from his legions of supporters.

Youtuber issue video response calling TS request as extortion.

And already, at least a million people already seen the three videos that neckbeard american youtuber put up and taken down in past 2 days.. This will no doubt go viral.

We are now half-way through chapter 1 and currently enjoying the popcorn je.
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i thought someone said he already has a strike, so this makes it two.

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