VLOG: Denial of Monetization - Pt.2 - Operating in the Open

Channel:

Last Level Press

Subscribers:

4,840

Published on February 12, 2014 3:01:37 AM ● Video Link: https://www.youtube.com/watch?v=oE8pYRtzzuc

Game:

Smite (2014)

Category:

Vlog

Duration: 9:32

71 views

4

Lastlevelpress.com

My Business Email: Cliff-Davenport@lastlevelpress.com
(Legitimate inquiries only, please.)

My Discourse with YouTube thus far:
(Abridged due to character limitations)

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(After YouTube's initial request for upfront proof of commercial rights, I responded via their internal system as thus. Bear in mind, I was only afforded 200 characters with which to justify my claim.):

full_name: Cliff Davenport
email_prefill: (Redacted, as I input my personal email address)
gamename: Lonely Daughter
vidgame_pub: Nina (Gamejolt.com)
vidgame_TOU: http://www.copyright.gov/title17/92chap1.html
comm_use_rights_details:

This is getting repetitive and asinine.

This video is protected by section 107 of United States FAIR USE law, as
pertains to editorial content for the purposes of review and commentary.
PERIOD.

static_subject_line: YouTube Partner Support - Monetization Claim

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(YouTube's Resonse. Note: The "Direct Link..." line was bolded in this email from them):

Hello,

You have indicated that your video contains video game footage. Please provide the following information so we may examine your claim:

Name of the video-game:
Name of the video-game publisher:
Direct link to the publisher license terms, permitting commercial use of game footage:

Thank you for your cooperation!
Sincerely,
The YouTube Team

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(My Response:)

I am going to assume by the bolded text in this vague, repetitive, and unclear email that Youtube staff consider my answer to their request for a link validating my commercial use of Lonely Daughter game footage to be inadequate.

If this is merely a confirmation email regarding my dispute, that should have been stated. However, if such is the case, disregard this response.

If further validation is indeed required, however, allow me to direct you to the following link:
http://www.copyright.gov/title17/92chap1.html#107

United States law protects my use of copyrighted material for the purposes of editorial productions. The video in question is indeed an editorial work, and I am a United States citizen. Therefore, this is a moot issue. Dismiss these erroneous and accusatory claims against my work immediately.

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(YouTube's Response:)

Hello,
Your video was not approved for monetization because you have not been able to demonstrate with reasonable certainty that you have met the necessary copyright requirements for including this video game content in your videos. Please note that some video-game footage requires explicit permission from the video game publishers to commercially use all video game footage included in your video.

Please note that repeated submission of ineligible videos and/or insufficient documentation may affect your ability to monetize videos in the future.

Sincerely,
The YouTube Team

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(My response comprised the email that I read aloud in this video. I meant to include it in written form here, but character limitations prohibit this description from including it. I have, however, included the relevant excerpt from Section 107 of United States copyright law, regarding Fair Use policy.)

§ 107 . Limitations on exclusive rights: Fair use40

"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include—

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work."

(Source: http://www.copyright.gov/title17/92chap1.html#107 )

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This video is presented under the terms and protections of Fair Use, for the purposes of commentary and education.

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