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Need Advice Bigger Content Creators Threatening Smaller Creators

NanoniumTheDude

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Hello,

So recently I have become aware that a bigger creator in my niche who is going around threatening small creators that make videos that in any manner are similar to their own with legal threats if they do not credit them for the inspiration, regardless of whether or not the small content creator was inspired by said bigger content creator.

Now fortunately I have not been threatened, but I am in the same niche, so my question is, what is the best way to navigate such threats? This is not about copyright nor fair use, it is merely creating content similar to this bigger content creator and not giving credit that is demanded from this bigger creator which is resulting in such threats.

Not sure if it matters, but my niche is very small, you could call it an oligopoly, with only a few big names, it's less competitive than other niches.

If none of this is making sense, let me provide a FAKE example - imagine if Derral Eves made a video on top creator mistakes, then a new creator made a similar video at some interval of time afterward but mentions less than even half of those mistakes and the video is in a completely different format - which then prompts Derral to make a threat of legal action because the smaller creator did not give credit - how would this situation be navigated?
 

SILTHW

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Hello,

So recently I have become aware that a bigger creator in my niche who is going around threatening small creators that make videos that in any manner are similar to their own with legal threats if they do not credit them for the inspiration, regardless of whether or not the small content creator was inspired by said bigger content creator.

Now fortunately I have not been threatened, but I am in the same niche, so my question is, what is the best way to navigate such threats? This is not about copyright nor fair use, it is merely creating content similar to this bigger content creator and not giving credit that is demanded from this bigger creator which is resulting in such threats.

Not sure if it matters, but my niche is very small, you could call it an oligopoly, with only a few big names, it's less competitive than other niches.

If none of this is making sense, let me provide a FAKE example - imagine if Derral Eves made a video on top creator mistakes, then a new creator made a similar video at some interval of time afterward but mentions less than even half of those mistakes and the video is in a completely different format - which then prompts Derral to make a threat of legal action because the smaller creator did not give credit - how would this situation be navigated?
You are asking a real legal question. You would need to talk with a lawyer to get a real answer.

That said, the burden of proof would fall on the "big creator" to prove theft of IP. Given that they are making a threat, I suspect all it would take is a letter from your lawyer to shut them up.
 

Beanie Draws

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I can't give any legal advice. But I sense many niches have this issue. A big channel is dominating a niche that is under served, then more creators start making content in that niche and they start feeling threatened, so their only option is to threaten you back.
Ask yourself, are you taking ideas from them? (ideas themselves are hard to copyright otherwise there'd be a LOT of "how to grow a business" "how to get views" "how to get subs" "how to make money online" channels getting sued.
If you're stealing their thumbnails, they could probably go after you on that.

Also, do they actually have the money to pay for lawyers to pursue you legally? Do they have the money to pursue all these channels they feel threatened by? Or are they simply threatening HOPING to scare creators into not doing something, with no intention on going through with the threat?

Based on how long YouTube has been around, it would be akin to Derral Eves suing Nick Nimmin for making YouTube growth content. It would be akin to Nick Nimmin suing smaller YouTube growth channels for making videos on YouTube growth, or suing for using the same font style and colour style.

Ask a lawyer what they think. My gut tells me this bigger channel is just trying to scare smaller creators out of competing with them.


I find it a bit laughable, it's like if Ford ever threatened Holden (australian car brand) for making sedans in Australia because they were the first to make sedans in Australia. It's a bit laughable in my eyes, but I'm not a lawyer so don't take anything I say as law :p
 

Stanley | Team TB

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As everyone has already stated I am not allowed to give legal advice. Disclaimer aside I would advise you to discuss this with Ian Corzine (look him up on social media and/or YouTube). But two things;

1. If it is straight up copying of someone else's content then that is bad. You shouldn't do that, even if it is poorly done. It is far too easy to make your content.

2. If it is other creators covering the same topic with their own point of view then that larger creator has no legal leg to stand on. While he can sue all day long he will not win a lawsuit against another creator for discussing the same issue; he neither has the sole-rights to a topic nor does he have a legal precedent for acknowledgement. Don't copy him. There are legal means of retaliation if you copy him. But if you are simply covering the same topic and you are providing your own take, your own spin and/or your own point of view then his threats are nothing but bluster.
 
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NanoniumTheDude

NanoniumTheDude

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Thanks for the input guys, this gives me some reassurance - but I'll definitely seek a legal expert if things get dicey for me
 

Beanie Draws

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I would advise you to discuss this with Ian Corzine (look him up on social media and/or YouTube).

Good advice. Ian Corzine is a lawyer and had chats with Roberto Blake in the past. Possibly a very good Collab or video idea for him to tackle as well because his content focuses around law and creators.

https://twitter.com/iancorzine his dms are closed, but I'd still approach him (in a respectful not beggy way) to see if he might be interested in covering this one. It would fall under drama content for him and I'm not sure if he'd want to throw himself under the bus, but the controversy it would stir up would definitely get him enough attention for being a lawyer, maybe even drive him up some business.

He did a lot of videos around COPPA 2 years back.
 
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NanoniumTheDude

NanoniumTheDude

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Good advice. Ian Corzine is a lawyer and had chats with Roberto Blake in the past. Possibly a very good Collab or video idea for him to tackle as well because his content focuses around law and creators.

https://twitter.com/iancorzine his dms are closed, but I'd still approach him (in a respectful not beggy way) to see if he might be interested in covering this one. It would fall under drama content for him and I'm not sure if he'd want to throw himself under the bus, but the controversy it would stir up would definitely get him enough attention for being a lawyer, maybe even drive him up some business.

He did a lot of videos around COPPA 2 years back.
I'll see if I can get in contact, though I'd think it'd be better to keep the bigger and smaller creator under attacks to not unnecessary escalate the situation, but yeah