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Need Advice Query regarding Youtube Strike

SILTHW

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I am not a lawyer. But I know a lot about intellectual property rights.

You would fall under the license that was in effect at the time of publication. But the burden of proving that would be on you to prove.

This is why most people don't do what you are asking. It is also a really poor strategy for growing a YouTube channel and would almost be assured to not qualify for the YT Partner Program due to reused content.
 

Stanley | Team TB

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This is how this works: If you use someone else's work (regardless of whether you follow the Fair Use Doctrine) they can issue a strike to your channel. If you did follow Fair Use then you can take them to court and after winning that case you can have your video brought back up and the strike removed.

This process alone is a very good reason why you should try to avoid that scenario. It doesn't mean you can't do it, but it means that your work should be worth the effort.
 
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Jatinder Singh

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I am not a lawyer. But I know a lot about intellectual property rights.

You would fall under the license that was in effect at the time of publication. But the burden of proving that would be on you to prove.

This is why most people don't do what you are asking. It is also a really poor strategy for growing a YouTube channel and would almost be assured to not qualify for the YT Partner Program due to reused content.
Thank you so much for the clarity of the concern.
 

Beanie Draws

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The other thing to consider, is just because the other video is under creative commons, THEY might not have had the rights to use some music, and if you're re-using content under creative commons, there might be a copyrighted song they didn't take into consideration, which could lead to a strike unintentionally.

Also, some people who upload content might not actually be aware of what creative commons is and might have uploaded using that setting by mistake. I'm not a lawyer so I can't speak to the legalities of that side of things, but it's another reason as to why they may have striked you, then it's up to you what you want to do.


I think there may be an option to try and contact the creator directly, perhaps you can ask why they gave a strike when they had the video under creative commons and work it out that way. Might be a quicker, cheaper, and more peaceful way to resolve the issue.