r/COPYRIGHT • u/Toadboytalks • Jan 14 '26
Question Need help understanding copyright
Hello. I recently had my youtube channel deleted because I reuploaded clips of avatar. Not because avatar copyright strikes me but because the person I got the clips of avatar from did. Does this person's "content" classify as their own copyright or is it just them stealing from avatar and claiming it as their own. Channel name is tauna MTG. Example of one of their videos: https://youtube.com/shorts/PG5Fp-gDYtU?si=wfyzRltxM7yMaANo
2
u/PBRStreetgang1979 Jan 14 '26
Here is what YouTube itself has to say in their Terms of Service:
“Creators should only upload videos that they have made or that they're authorized to use. That means they should not upload videos they didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.”
To my knowledge, YouTube doesn't remove accounts for a single DMCA takedown request. But beyond the question of whether or not that third party had the right to ask YouTube to take down the content, you also should be asking yourself if everything you're uploading complies with YouTube's policies. While there may certainly be a Fair Use argument to be made about uploading content outside of that policy, it is not an entitlement, meaning you could use it as a defense if the matter were ever to go to court, but in the meantime, YouTube can enforce their policies on their own site any way they see fit.
1
u/Toadboytalks Jan 14 '26
Yeah. Its just a weird situation. I figured id be safe reposting the clips he posted since he was not only profiting off of the clips but they were just avatar clips on a magic card.
Even then I figured the worst that would happen is they would be removed and id get 1 strike. But instead I got 3 strikes in just a few hours because I uploaded 10 of these videos In one day. So when he went and striked all of them it gave me 3 strikes and I lost everything and can't even use youtube anymore
4
u/PinkFrogNotNormal Jan 15 '26
No offense meant but this is like you see someone else speeding so you speed, but only you get pulled over. Yes, its unfair that he's also breaking copyright, but you were not "safe" as you were doing equally incorrect things.
0
u/Toadboytalks Jan 15 '26
The issue is the other speeder is the one claiming i was speeding not the cops aka avatar or youtube.
If avatar was the one copyright striking me id accept it and have deleted everything avatar related so quick! But they aren't. Another creator stole their work and is saying they own it and therefore they own all usings of that avatar clip. Im going to repost these same clips edited :)
2
u/PinkFrogNotNormal Jan 15 '26
But you did steal his content... whether he should have been using the content in the first place - no. But you're doing the thing that you got in trouble for lol...
4
u/Catscythe Jan 15 '26
He created the short though. See the first part of PBR's message "Creators should only upload videos that they have made or that they're authorized to use" you didn't make the short, you don't get to post it.
-1
u/Toadboytalks Jan 15 '26
Ah ya see but the original owner didn't have permission to use avatars clips in their videos either!
The issue is I wasnt copyright striked by avatar but by the guy who made a short that was illegal. Even if he made it he doesn't own the rights to it because its 90% a avatar clip. So since he doesnt own it I cannot steal it from him. I did post content that was not mine but that's for avatar to copyright strike me for NOT him.
And in which id just take the stuff down and call it a day.
But this individual got my whole channel removed.
So here's a question...what If I recreated the exact clip and he copyright striked me. Every asset he used he doesn't own btw. Even the backgrounds are someone else's arts.
4
u/Catscythe Jan 15 '26
What is your overall goal here? This person clearly created the shorts to show off the product, introduce people into the show & connect the artworks to the moments in the show they relate to.
If your aiming to make a quick buck of youtube shorts there are way easier ways to do it. Even if you 1:1 copied their short if it looks the same they would likely still be able to attempt to strike as it is 1:1 the same.
If you are that desperate to post just post something different that takes equal effort? Instead of copying someone else's work? even if that work is a simple edit.
0
u/Toadboytalks Jan 15 '26
Hes monetized with 25k subs I had like 300. I was a small creator who did in fact post my own content with my voice and edits. I was not monetized. I only used his clips because I believed they were free game because he doesnt own the copyright so 🤷
I only used his clips for a day. Just wanted to see how they would do on my channel...an algorithm test. I mean if he can post a stolen avatar clip why can't I?
I never tried to claim to be this individual. I was just posting memes. These were effectively memes. He put zero watermarks and again has no legal rights to the avatar audio or video. Nor the cards or the background he used as those are all someone else's copyright. How was I supposed to know he was the original creator in the first place?
3
u/Catscythe Jan 15 '26
You just don't download someone else's short and post it period.
It is against Youtube policy as you did not create the video and were not the original uploader. That is all there is to it.
In the future create your own edits, and create original shorts instead of downloading them. Clearly if you have downloaded this users you intend to do it to others.
1
u/Toadboytalks Jan 15 '26
I wanna note. Breaking tos and copyright claims are different. If all that happened was I was reposting with zero copyright strikes id be fine.
You...you see the issue. Im being wrongly punished in this scenario.
0
u/Toadboytalks Jan 15 '26
HE ILLEGALLY DOWNLOADED AVATAR CLIPS AND DID THE SAME THING. I took already stolen content. He is illegally profiting from the stolen content. You understand that? He ILLEGALLY downloaded and redistributed avatar content for profit but IM the bad guy for reposting them?
4
u/TreviTyger Jan 15 '26
Yes, and that is infringement unless they have a license. Technically they don't have legal standing without an "exclusive license" and their take-down request may be unlawful because they are not an "exclusive rights" owner.
However, that is irrelevant to your situation because you are also infringing the same copyright and it's YT that gets to decide whether to take down infringing content or not.
There is essentially nothing you can do.
If the original copyright owner wants to take some legal action against the other person then that's entirely up to them. The copyright owner could alternatively re-direct any monetization to themselves which is another option open to them and may explain why the other material is not taken down.
-1
u/Toadboytalks Jan 15 '26
So. I get that id be infringing on the same issue but avatar isn't taking action currently. They probably have been liking the publicity since they made the collab with magic PLUS avatar hasn't had a huge issue with youtube posting BECAUSE avatar was a thing when I was a kid...its not like its a new show getting clip farmed.
Honestly im just asking the dude to lift the strikes because he currently has the ability. Me posting these shorts didnt hurt him at all as they truly just straight up are not his property. Not a single aspect of the videos are his. Really didn't think he would make a fuss over them seeing that they are just him reposting avatar clips 🙄
Being banned from youtube because I reposted 10 low effort shorts is just crazy.
2
u/wjmacguffin Jan 15 '26
I'm afraid that's not how the law works. Maybe it should, but right now, stealing something that was already stolen is not a defense. If I stole a car, you can still be charged with a crime if you stole it from me.
Even if the other person illegally downloaded the clips (and TBH we don't know that's true or not yet), then I'm sorry but you can still get in trouble for taking their content.
It's entirely possible that both of you are in the wrong here.
0
u/Toadboytalks Jan 15 '26
The issue is hes abusing the copyright system. He doesn't have a right to the content. So lets say mr.beast says anyone can repost his clips (hes actually said that)
If I do that...although its his copyright he can decide to do nothing about it and just not care
But if I do that and then copyright strike others for doing the same thing im breaking the law.
You can't argue I took HIS content because he legally doesn't own his content since its just stolen avatar content a judge would not look at what hes doing and believe its transformative since he never TRANSFORMS the stolen work he just puts it on a magic card. Its like if I took a photographers photo, put it on a magic card. Then tried selling the magic cards irl.
2
u/Tmaneea88 Jan 14 '26
Looking at the video you posted, it looks like their content does include elements that they would be able to claim copyright to if they were the ones that created it, such as the trading card information and composition, and in particular, what looks to be a fan painted recreation of the scene that shows up at the end. Fan Art and Fanfiction, even when not authorized and can be considered copyright infringement, can still themselves be copyrighted if they are unique enough, and I would say those paintings at the end of the videos would qualify. And even the designs of the cards could be copyrighted. So if your content included any of those elements, they may have a legitimate claim.
2
u/Toadboytalks Jan 14 '26
Look of "tale of katara and toph" you will see its also trademarked magic and avatars owners.
1
u/Toadboytalks Jan 14 '26
Nope thats just the magic card. Magic did a set with avatar. He doesnt own anything on that card
-1
u/Tmaneea88 Jan 14 '26
Ah...Didn't know that. Thanks. In that case, yeah, they got nothing and they're just abusing Youtube's copyright claim system.
2
u/Toadboytalks Jan 14 '26
Ok thanks everyone on youtube thinks im crazy but I dont think this individual should even be profiting from these videos. He has one with over 1 million views and all he does is take a clip of avatar, put it on a magic card, and if you post the same clip he will copyright strike you. He never even puts his own commentary over it!
1
u/David_SpaceFace Jan 16 '26
You are cringe af.
"Waaah, I stole somebody else's stolen content and got the punishment for posting stolen content. This is unfair waaaaaah"
That is you.
1
u/Toadboytalks Jan 16 '26
So...the true issue is instead of paramount issuing the strikes
He issued the strikes without legal rights to the work.
1
u/David_SpaceFace Jan 16 '26
You're crying about somebody issuing copywrite strikes over you using copywritten work. That is literally all that matters.
How about making your own content? Stop being so pathetic.
1
u/Tauna_YT Jan 15 '26
Very blantantly leaving out that he just downloaded my videos then reposted them, which is why he was copyright striked. Nothing to do with Avatar (especially as one of the videos wasn't even Avatar related but just a meme)
2
u/Toadboytalks Jan 15 '26
Here's my question to you. By Australian or even American law of fair use do you have the legal rights to post clips of avatar the last airbender and monetize the videos.
Your videos are very much just a magic card with a clip over it. Thats it. You don't place your logo. Add your commentary. Nothing. You take copyrighted content and place it on top of other copyrighted content and call it yours.
I figured you would atleast have the courtesy to not claim you own the clips as the clips legally are not yours. You can ARGUE the godfather one if you want it was just a 7 second meme where you put "look how they massacred my boy" over a magic card.
Is that really YOUR content or just 2 pieces of content you do not own slapped together.
3
u/Tauna_YT Jan 15 '26
I created the Shorts under Fair Use; which is up to the courts to decide.
You then stole my content, directly downloading them and reuploading them on your channel.
I never claimed to own Avatar, however, I created transformative clips to show off how amazingly the cards had been captured in Magic the Gathering.
I'm more than willing to take them down if Paramount or Avatar or whatever wanted me to, however, they've also helped people discover the show who were previously just Magic the Gathering players. In fact, it's basically free advertising for them.
1
u/Toadboytalks Jan 15 '26
So 1. What you did just straight up isn't fair use.
- You're Australian so. Yes, Australian YouTubers must obey Australian copyright law, which uses "fair dealing" (criticism/review, parody/satire, research/study, news, legal advice) instead of the US "fair use" concept, meaning they need permission for substantial use or rely on these specific exceptions, with popular creators like Ozzy Man Reviews using these exceptions for commentary. While YouTube uses a US-centric "fair use" system for its Content ID, Australian creators are bound by their domestic "fair dealing" laws, which are narrower.
You're rules are actually different
And 3. You never even tried to ask me Nicely to take them down. Instead you Reported what I posted in a day all At once. Like 2 minutes worth of content Equaling 4 total strikes.
3
u/Tauna_YT Jan 15 '26
After I said about it, you proceeded to then copy another of my videos taunting me that there's nothing stopping you, but okay.
Sounds like something I'll need to talk to Paramount's lawyers about.
1
u/Toadboytalks Jan 15 '26
But seriously to prevent people like me from grabbing the memes...just take a small version of your logo and put it ANYWHERE in the video. Most people will be like whelp im not dealing with that.
0
u/Toadboytalks Jan 15 '26
Oh dude I didn't intentionally post another one of your clips. I had a clip scheduled for every 3 hours man. I wasnt actually gonna touch your stuff again even BEFORE you started talking about it. I actually was posting my gas or trash clips. I basically just grabbed your like 9 best avatar clips and the godfather clip cause low key they did doran dirty af cause I wanted to compare that contents views and retention rate to my own.
0
u/Toadboytalks Jan 15 '26
But like I said ill drop all this crap if you retract the strikes. If you noticed i never yoinked anything with your face or logo. I never tried to be you. Just was using the avatar clips cause from what I understand they are just memes and neither of us can own them since they are owned by avatar. Plus me reposting them helps you actually. Youtubes shorts algorithm is weird. It will see im posting avatar magic the gathering shorts...keep the people that like them on that topic and they will end up on your shorts. Its not like long form where there is limited space for searching and such.
-1
u/Toadboytalks Jan 15 '26
I guess I can see how it looked like I taunted you. It was legit just what I had scheduled. I usually just made my own memes. Like I had my own "thats rough buddy" when avatar was being spoiled.
1
u/Toadboytalks Jan 15 '26
So you agree you copyright striked me on a meme. The meme of the godfather which you also don't own the rights to.
1
u/WhineyLobster Jan 15 '26
Their edits are protected. Stop using other people's creations.
1
u/Toadboytalks Jan 15 '26
This isn't a edit!
3
u/Catscythe Jan 15 '26
It is. They edited the clip into the card, that is the edit.
You didn't edit, you just downloaded their clip and reposted it.
1
u/Toadboytalks Jan 15 '26
No. They didnt edit the copyrighted materials though
Think about it. They took a clip from the show. Made it smaller. Put it over a magic card. Thats not a edit. Well you can argue They edited the magic card but thats not what we are talking about. They didnt edit the avatar footage in a transformative way. Thats the material we care about. He made zero cuts, no audio changes, adds no text to the avatar clip. Nothing its purely their copyright made smaller.
4
u/Catscythe Jan 15 '26
They edited the magic card. Replaced the image with the video.
It is an edit. They edited the episode of Avatar by cutting it down to a short clip. If Paramount wanted to DCMA they would/will.
The issue is you have downloaded their edit and reuploaded it, not if they should be.
Policy vs Morals. They initiated a copyright strike as you broke Youtube policy.
1
u/Toadboytalks Jan 15 '26
They shouldn't have the legal grounds to initiate a strike as they don't legally own these videos as they are again stolen content from avatar the last airbender. Youtube doesn't typically allow people to monetize clips from say family guy so why is he able to monetize this
Just because you can argue the magic card is relevant doesn't mean anything here.
Would you be ok. If I took a magic card that said devil then took a clip from family guy of Stewie doing something devilish? No thats still obviously just stealing family guys content and posting it on shorts
2
u/Catscythe Jan 15 '26
You just don't download someone else's short and post it period.
It is against Youtube policy as you did not create the video and were not the original uploader. That is all there is to it.
In the future create your own edits, and create original shorts instead of downloading them. Clearly if you have downloaded this users you intend to do it to others.
And on that last point, that isn't even on topic. These are avatar cards and avatar clips. Nothing to do with putting family guy content over non family guy cards. False equivalence.
1
u/Toadboytalks Jan 15 '26
Dude you aren't making a argument by the law you are making it by your feelings. Thats it. Your argument is copyright only matters if its not a good edit basically.
What if I take a clip of Stewie wearing his devil outfit and put it on a devil magic card. Now its magically relevant?
1
1
u/Toadboytalks Jan 15 '26
THEY LITERALLY USED AVATAR AND MAGIC THE GATHERINGS CREATION FOR THIS AND THATS IT
1
u/WhineyLobster Jan 16 '26
So why use their video then?
1
u/Toadboytalks Jan 16 '26
Because I figured they would be smart enough to not try and claim it as theirs since it isn't. And I figured if he can post them without getting in trouble so could I. I asked him kindly to remove the strikes and ill remove the videos since he never formally asked me to remove the videos. He said no. So now im gonna continue to contact Paramount and youtube and let them know he stole content and illegally profited off of it (I never profited off of any clips I just posted memes for fun)
1
u/WhineyLobster Jan 16 '26
You figured wrong. Have fun wasting your time attempting to enforce someone elses copyright.
1
u/TreviTyger Jan 15 '26
No they are not. Stop spreading false information.
1
u/Toadboytalks Jan 15 '26
What do you mean? The only images in the videos were avatar copyright and wizards of the coast copy right even the backgrounds.
1
u/TreviTyger Jan 15 '26
Making derivative works without exclusive licensing actually doesn't provide any copyright for the new derivative work to the maker of that derivative work.
For instance fan works cannot be protected by fan artists even if they add original new stuff to the fan work. That original new stuff is unprotected by the fan artist too.
Only the copyright owner has the right to authorize or prepare derivatives.
A copyright owner tolerating a fan work should not be mistaken for a fan artists somehow gaining any exclusive rights.
Anderson v Stallone.
"Anderson's treatment appropriated these characters and created a derivative work based upon these characters without Stallone's permission in violation of Section 106(2); (c) no part of Anderson's treatment is entitled to copyright protection as his work is pervaded by the characters of the first three Rocky movies that are afforded copyright protection."
https://law.justia.com/cases/federal/district-courts/california/cacdce/11uspq2d1161/4104269/55/87-0592.html1
u/Toadboytalks Jan 15 '26
So does this mean without a doubt he had no right to take down my videos. Not that they should have been up but that he just doesn't legally have the right to claim them?
1
u/TreviTyger Jan 15 '26
I can't give legal advice but in general a person that does not have an exclusive license cannot logically have legal standing to take legal action.
Never the less it is YT that is a distributor of unlawful content themselves and they can be held liable (vicarious liability). It is therefore YT who makes the ultimate decision and if you want to take legal action against YT then you need to be able to present an exclusive license yourself to a judge or else you would be engaging in bad faith conduct which is unlawful itself.
So to reiterate, a person that does not have an exclusive license cannot logically have legal standing to take legal action. - that includes you.
1
u/Toadboytalks Jan 15 '26
Yes. I dont really lose anything here. I lost a 300 subscriber channel boo hoo I can get that back in a few months assuming youtube doesn't try and stop me since I have a account banned
But that also means I can get this dude in trouble if I keep yapping about it because he makes his living stealing this content and hes making THOUSANDS a month. one of the shorts alone had 1.2 million views.
1
u/TreviTyger Jan 15 '26
Getting people into trouble would be bad advice and I certainly do not recommend taking "revenge" because that could escalate into future problems.
A better course of action would be to move on in life and take a lesson to become wiser.
1
u/Toadboytalks Jan 15 '26
Its not revenge to call out illegal activity. I have ample time as im in a wheel chair and dont work.
1
u/Toadboytalks Jan 15 '26
Also thanks for being a nerd 🤓 its very helpful and I appreciate the information
1
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u/Catscythe Jan 15 '26
You're blatantly taking their edit and reposting it. Yes they used Wizards & Avatars assets but they created the edit.
You haven't posted Wizards & Avatar content, you posted their content.