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YouTube copyright strike: Cooking video recipe

Discussion in 'Internet & Social Media Law' started by TLUSER, Jul 2, 2020.

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  1. TLUSER

    TLUSER Law Topic Starter New Member

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    Dear thelaw users,

    I have uploaded a cooking video on YouTube where I used a recipe without giving the original authordirect credit, instead I gave credit to a third party website who published the recipe on their own server and also mentioned the original author.

    Now the original author used a copyright strike to take down my video and states that I did a copyright infringement.

    To my knowledge recipes as a mere list of ingredients are not protected by copyright law.

    I may have used the the listed ingredients in my YouTube video exactly like the original author wrote, and I may have used slightly similar wording but the execution and delivery of the message including video footage, my voice are all done by me.

    I would like to dispute this copyright strike on YouTube and just wanted to ask you how high my chances are to win this dispute on YouTube.

    If the opposition would want to fight my dispute with a lawyer involved, on what ground could they fight my dispute and how likely do you think are the chances that they would win the hypothetical case?

    Thank you very much for your time!
     
  2. flyingron

    flyingron Well-Known Member

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    "Credit" doesn't excuse copyright infringement.

    You are correct that the list of ingredients and the process is not protected, only the creative expression of them. The problem would appear that you used their creative expression. Your voice, "execution and delivery" doesn't erase their creative content.

    Note you have two issues here. The first is getting your video restored. You'll need to file a counter-notice explaining why you think you are not infringing on their work (that I think is somewhat tenuous based on the limited information you have presented here). If you file a proper counter notice, google will throw up their arms and unless the complainer files a court complaint, after ten days google will put it back.

    The second issue is the strike. That's not governed by copyright law, but rather by Google's policies. The answer is that you can either do a counter notice (and prevail), or wait 90 days, or go to google's "copyright school" or make nice with the person who complained and get a retraction.

    All this is pretty nicely explained on YouTube's copyright strike page.
    Copyright strike basics - YouTube Help

    Of course, an attorney can help you decide if you were indeed infringing and teach you how to avoid it again.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    No one here can really give you odds on that especially when we have not seen the original work and yours. As for the protection that recipes get under copyright law, here is a short summary of it by the U.S. Copyright office:

    A mere listing of ingredients is not protected under copyright law. However, where a recipe or formula is accompanied by substantial literary expression in the form of an explanation or directions, or when there is a collection of recipes as in a cookbook, there may be a basis for copyright protection.
    So some parts of it may be protected and others not. I suggest you see a copyright lawyer and have him/her review the two videos and tell you how strong a case that other person has.
     
  4. zddoodah

    zddoodah Well-Known Member

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    I assume "copyright strike" means that the author served a DMCA notice. Correct?

    That is true of some recipes but certainly isn't true of all recipes, and I'm confident you're well aware of that because, if it were true, there would be no point to your video.

    "May have" or did?

    Probably relatively low. The reason for that is that internet service providers such as YT are relatively uninterested in the merits of disputes such as this but are keenly interested in avoiding unnecessary legal fees. If it sides with you, then YT risks being sued by the copyright claimant. On the other hand, if it sides with the claimant, it has little risk of you suing and zero risk of you suing successfully.

    On the ground that the claimant owns an enforceable copyright in the recipe.

    Intelligently predicting who is likely to prevail in any legal matter requires knowledge of all relevant facts. You've given us no relevant facts, so it is not possible to make an intelligent prediction. If you really want such a prediction, I suggest you consult with a local copyright attorney.
     
  5. flyingron

    flyingron Well-Known Member

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    It almost certainly is the result of a DMCA complaint. However "copyright strike" is what you're assessed when you get caught on a copyright violation regardless of how it comes to Google's attention. You get three "strikes" and they shutdown your account. As I intimated, strikes last only 90 days though compliance with the copyright school is necessary for them to be forgiven.

    The poster has two issues as I stated: one the DMCA takedown and two, the strike. You can get strikes for other policy violations at YouTube other than copyright as well.
     

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