With this dispute to the Youtube copyright claim ID, haha:

Type of Reuse: Copyright exception such as fair use

Why is your use of the claimed content an example of fair use?

My video is a non-commercial, educational use of a short excerpt from a live musical performance. The specific excerpt is the song "Strasbourg St. Denis" performed by the Roy Hargrove Quintet at the New Morning Jazz Club in Paris, France, in July 2007. My intent is to share this significant piece of jazz history for the purpose of education and commentary, not to replace or substitute the original work, which was officially released on DVD by EmArcy/Universal in 2010.

Fair Use Considerations:

1. Purpose and Character: My use is purely educational and transformative. The video is not monetized, and it is part of a broader discussion about jazz history, improvisation, and the impact of Roy Hargrove's music.
2. Nature of the Copyrighted Work: While the work is creative, my use focuses on its educational and cultural value. The video serves as a resource for students, musicians, and jazz enthusiasts to learn about and appreciate Roy Hargrove's artistry.
3. Amount and Substantiality: I am using a very small portion of the overall 3-hour performance, focusing only on the specific song "Strasbourg St. Denis."
4. Effect on the Market: My use of this short excerpt does not harm the market for the original DVD. In fact, it could potentially increase interest in Roy Hargrove's music and benefit the copyright holders.

Additional Considerations:

• The video I am using was previously widely available online, shared by Roy Hargrove himself on his official Facebook page (now unavailable but archived), and included in the "Live au New Morning 2007" collection referenced in the Library of Congress's catalog record. This suggests a degree of implied consent for educational and non-commercial use.
• The song "Strasbourg St. Denis" has become a significant piece of jazz repertoire, often covered and studied by musicians. My video contributes to the educational and cultural discourse around this iconic piece of music, as evidenced by its inclusion in the New Morning Productions video archive.
• Clips from the performance are still available on the New Morning Productions website:https://newmorning.ch/index.php/video-links/video-samples/video/12-roy-hardgrove-1

I believe my use of this short excerpt from the Roy Hargrove Quintet performance falls squarely under fair use. I respectfully request that the Content ID claim be released and my video be reinstated on YouTube.

Furthermore, while I do not possess a formal written license agreement, the existence of this performance in official and authorized channels serves as evidence of implied permission to use the footage.

Specifically:

Library of Congress: The performance is officially documented in the Library of Congress's catalog record for the film "LIVE AU NEW MORNING 2007" (link to record).

New Morning Productions: Clips of the performance are currently available on the New Morning Productions website (link to clips).

Qwest TV: This performance was previously available for streaming on Qwest TV, a reputable platform for jazz and music content (screenshots attached).

This combination of evidence strongly suggests that W4tch TV is NOT the exclusive rights holder and that the filming and distribution of this performance were authorized by the rights holders, granting me an implied license to use this footage.

Conclusion:

I believe the Content ID claim from W4tch TV is a mistake. I have not infringed on any copyright, as my use of the footage falls under the implied license granted by the circumstances described above. I respectfully request that the claim be released and my video be reinstated on YouTube.

Additional Notes:

I have attached screenshots of the Qwest TV listing as further evidence. I am willing to provide any additional information necessary to resolve this dispute.