I recently found out that a video I assembled of Matt Forcum from his wedding reception had the audio disabled because of copyright violation. The song is the one played at the reception, and was at that time covered by a BMI/ASCAP performance license.
It was just a silly little video, just for fun. I found this notice on it:
Your video, More Matt Forcum Madness!!!, may have audio content from Cotton-Eye Joe by Rednex that is owned or licensed by WMG.
As a result, your video is blocked worldwide.
It is ridiculous that this would be blocked! The video can be seen in the US with the audio removed. Anywhere else, you can’t even see the video! For the most part, I don’t care. However, there are principles at stake.
YouTube gives you this option:
Use AudioSwap to replace the audio in your video with a track from our library of prelicensed songs. After you swap, your video will be available globally.
Since I feel, after a bit of reading, that my use falls within the Fair Use Doctrine, I filed a dispute. The text from the form is below:
User Name: banoe
Video ID:
(The video with the copyright claim) x_6PdMEowcw
Select the reason for your dispute:
2. This video uses copyrighted material in a manner that does not require approval of the copyright holder. It is a fair use under copyright law.
The use is not for profit and will not effect the potential market for the protected work.
Signature: Brett A. Noe
Statement of Good Faith: I have a good faith belief that the material was disabled as a result of a mistake or misidentification, and that I am not intentionally abusing this dispute process.
I’m hoping this gets resolved in my favor.
Any legal minds are welcome to comment.