False DCMA Complaints - Must Read

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False DCMA Complaints - Must Read Feavy 12/13/09 11:18 AM
On December 10, 2009, a user by the name of Lia Dawson (id: 'lia') filed a false copyright claim against user boxxybabee with the intention of claiming the copyrights 'Boxxy' and 'boxxybabee'.  This user has no relation to the famous Internet figure 'Boxxy' and is falsely claiming to possess the copyrights to this character.  The following is a legal notice that has been forwarded to YouTube staff in regards to this matter:

Dear Sirs,

Thank you foar taking the time to investigate this matter. As you must understand, it is quite bizarre foar me as the original creator to be accused of infringing my own work.

Executive summary:
Frivolous DMCA takedown requests were issued in the names "Lia Dawson" and "Frank Lawson" against multiple videos of the character "Boxxy". This was done in collaboration with YouTube user "lia", who re-uploaded (ids: jfxRBO0owqAmy, 5YcJqYIfwHc, 9V2PSAiQ3Qk) my original work, and claimed copyright of it. Several accounts, including my own "boxxybabee", got suspended.

Detailed description:
In January 2008 I created, based on earlier work of mine, a character called "Boxxy" and recorded two videos. The videos were uploaded to the YouTube channel "boxxybabe". A year later, when the videos started to go viral, I decided to re-upload them to a new account, "boxxybabee" (two Es), along with a third video. The videos in question are:
(1) FOAR EVERYWUN FRUM BOXXY (id: Yavx9yxTrsw)
(2) FOAR ANT FUM BOXXY (id: 80hx2FfWjow)
(3) FOAR 4DD1 FRUM BOXXY (id: VcydqSpYN00)
All three were very popular, with the first one gaining over six million views, and my account being one of the most subscribed channels of all time.

These videos are entirely my own creation, including but not limited to the character "Boxxy", the script, the recording, and the editing. The videos contain no music or sound effects. The recording took place in my own home, using my own equipment. No one except myself appears in the videos.

On December 10-11, 2009 these videos were removed after copyright claims by "Lia Dawson" (foar ids: Yavx9yxTrsw and VcydqSpYN00) and "Frank Lawson" (foar id: 80hx2FfWjow). The YouTube user "lia" then re-uploaded the videos (as ids: jfxRBO0owqAmy, 5YcJqYIfwHc, 9V2PSAiQ3Qk) and issued takedown requests on all other mirrors of the videos. The profile page of user "lia" incorrectly states that I have transfered copyright of the "Boxxy" videos to them. They also violate my privacy and the YouTube Community Guidelines by, against my wishes, revealing my name.

Due to certain events (my account got hijacked, but was then restored) I do not wish to access the boxxybabee account. Nevertheless, I want my creations to be freely available online foar the enjoyment of others in the "frozen" state that they were before. I do not at all mind the countless mirrors ("trolls"), remixes, edits, parodies etc that my fans have made. However, under no circumstances do I want someone else to profit frum my creation in this manner, or to threaten my fans with litigation.

Having received this counter notification, as defined in 17 USC 512 (g) (3), you are obligated under 17 USC 512 (g) (2) (B) to restore the material in question, unless the complainant files suit against me.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.


Yours faithfully,
[REDACTED]


I encourage YouTube staff to take action on this matter.  Anyone with more information about this, please post below.

2009-12-13
Note: The first paragraph of the above legal notice was not included in the original.
Re: False DCMA Complaints - Must Read darliegoddess 12/13/09 4:03 PM
How can people do this ? YouTube needs to really examine the DCMA system.  These people apparently lied .
Re: False DCMA Complaints - Must Read PeterWalser 12/13/09 4:06 PM
I agree, Darlie.
Re: False DCMA Complaints - Must Read misscupcake1 12/25/09 1:05 AM
thankyou so much for posting this information, it is very interesting and helpful to me.

one of my own videos was recently removed by yotuube because this lia dawson and frank lawson claimed copyright ownership on it. It was an impersonation of boxxy which is considered 'parody' which is legally allowed. I used no imagery of the real boxxy, nor any of her audio. All visuals and sounds are of me and from me, so this copyright claim is false and insulting. I was too scared to counter their copyright claim before, but now I've decided to go ahead with it.

Regardless of who is claiming copyright ownership of the original boxxy videos, my impersonation video doesn't break any laws. I'm going to fight! :D

thanks
x
Re: False DCMA Complaints - Must Read Feavy 12/26/09 9:52 AM
Absolutely, MissCupcake. Keep fighting!  These people have no right to claim copyright over our videos!  I'm hoping this issue comes to YouTube's attention soon, but until then, we'll work together to fix everything.
Re: False DCMA Complaints - Must Read Landtat 12/26/09 10:56 AM
This has been posted on several threads already.

It is FAR from must read and a total hoax.
Re: False DCMA Complaints - Must Read Feavy 12/26/09 11:08 AM
In what way is this a "total hoax"?  DCMA scamming is a proven and definite issue.  It has occurred to a number of different individuals; this is just the tip of the iceburg.  If you don't know anything about the issue, refrain from posting negative comments on threads.

Thanks.
Re: False DCMA Complaints - Must Read Feavy 12/26/09 11:10 AM
Sorry, I had a typo.  I meant "DMCA" scamming, not "DCMA" scamming.
Re: False DCMA Complaints - Must Read darliegoddess 12/29/09 8:32 AM
You have someone posting DMCA's against parodies and you think that is ok ? There needs to be  penalties for filing a false DMCA. A total hoax is when someone files a false claim . Is there some other more lofty interpretation ?
Re: False DCMA Complaints - Must Read Feavy 1/9/10 12:32 PM
That's what I'm getting at, genius.  It's not OK, and that's why this letter was written to YouTube against the DMCA claim of Lia and Frank Dawson.  Learn to read, you would agree with what I'm writing.