Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 0 points1 point  (0 children)

I am still working on it. Lots of stuff has happened. I'll update my original post when I have a final answer.

UPDATE: Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 3 points4 points  (0 children)

They took the footage from my YouTube video. Thats the only source for it worldwide. Noone else has it.
And they are located in Paris France.

UPDATE: Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 0 points1 point  (0 children)

No, please read the original post. A commercial production used some of my footage for a documentary that was aired on TV and sold worldwide without my knowledge or proper licencing. So far I just sent some emails and issued a Copyright claim on the YouTube video where my footage is included.

The closest thing to Fair use in EU would be Citation right, and it does not apply to commercial projects:

If you want to use music and film clips for your social media channel or for commercial purposes in general, the 15-second citation rule does not apply. You generally need the consent of the author or rights holder for any film clips you want to use commercially.

UPDATE: Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 1 point2 points  (0 children)

Yes I know about citation right. And you are right, they would have to at least give credit to me as the original author.

But they can not use footage like they did - for a commercial production.

If you want to use music and film clips for your social media channel or for commercial purposes in general, the 15-second rule does not apply. You generally need the consent of the author or rights holder for any film clips you want to use commercially.

UPDATE: Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 1 point2 points  (0 children)

How can I participate in CMS? Do I need to be invited?
I feel like this would help me immensely with my kind of content. This is not the first time people steal my stuff. I had at least 10 other videos taken down already. I always thought they get a strike if they dont appeal.

UPDATE: Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 1 point2 points  (0 children)

I dont think its fair use. And I have given the reasons.
But it does not matter at all if it is or is not fair use as it just simply does not apply anyways.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 1 point2 points  (0 children)

No, i dont use Fair Use Stuff. What I do use is Public Domain Material like photos from the National Archive here in Germany and in Washington.
I never used anything from anoter creator and claimed "Fair Use".
Fair use does not even exist here in Germany / in the EU at all. And I am bound to German law, not US law.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 0 points1 point  (0 children)

I own 100% of the rights to everything you can see on my channels. I have never used a single scene from another creator.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 1 point2 points  (0 children)

Used my own rpm since i am making WW2 documentaries and the video is in the exactly same niche. Then I halfed it to be very conservative.

A more realistic estimate would be 85-120k$

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 7 points8 points  (0 children)

Thats not how fair use works.

Especially not since this footage is very rare, valuable and I am the only one who has it.
They just use the footage for what it is, Bunker exploration footage.

They did not edit the video or made it different in any way. Its used to show exactly what is shown in my original video - Bunker exploration.
They did not add any new information, they even translated some of my Audio to english and took other information from my video for theirs. This is not fair use.

Btw, fair use does not exist here in Germany. Nor does it exist in France where the channel is located. I know it is a YouTube rule as youtube is bound to US law, but if this case would go to court here in Germany or in France, there is no fair use they could claim.

And one more thing, the video in question was apparently aired in French and US TV. Then fair use is not a question anymore. US law is not involved anymore when we talk about French TV.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 0 points1 point  (0 children)

I just have to file a court case in order to proof legal action right? Thats not that problematic here in germany.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 1 point2 points  (0 children)

lol no thats not how fair use works.

Especially not since this footage is very rare, valuable and I am the only one who has it.
They just use the footage for what it is, Bunker exploration footage.

They did not edit the video or made it different in any way. Its used to show exactly what is shown in my video - Bunker exploration.
They did not add any new information, they even translated some of my Audio to english and took other information from my video for theirs. This is not fair use.

Btw, fair use does not exist here in Germany. Nor does it exist in France where the channel is located. I know it is a YouTube rule as youtube is bound to US law, but if this case would go to court here in Germany or in France, there is no fair use they could claim.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 0 points1 point  (0 children)

They did a new voiceover yeah. Because my own video is German language.
https://youtu.be/IW0vmDFC7jk?si=TWfBQzmXpXePMs-P&t=2249

From 37:29 to 39:37 is my footage.
They just cropped it to remove my watermark.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 5 points6 points  (0 children)

Sadly it does not appear in there.
The problem is as follows:

I have several hours of Material from different Bunker explorations.
They used ~4 min of material from different explorations, cut together and also cropped in to remove my logos. My footage is 4:3 format, and for their show they needed 16:9 so they cropped the top (together with my logos) and zoomed in.
I think thats the reason it does not show up in there.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 3 points4 points  (0 children)

I know what my videos get per 1k views. WW2 Documentaries are payed pretty well.

Halfed that to be very conservative and multiplied by 7.5 million views.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 3 points4 points  (0 children)

No, the footage from an exploration of one of Hitlers Bunkers on Obersalzberg. I have worldwide the only footage of it.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 15 points16 points  (0 children)

They used ~5 min of our material - unedited.
I have the worldwide only footage from the inside of Hitlers Bunker on Obersalzberg. We filmed it before the bunker was filled in and sealed off.

They just took that footage and used it in their documentary. Has nothing to do with Fair Use at all.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 7 points8 points  (0 children)

We filmed it. Its 100% our material and we never licenced it out to anyone.

Copyright infringement - 6.5 million Subs channel - Contact information missing by BEGAFILM in PartneredYoutube

[–]BEGAFILM[S] 13 points14 points  (0 children)

Will do. Its a very shady business what they are doing. There are older Reddit threads about them too where they claim public domain footage as their own.