Short Hills, NJ asked in Copyright for Rhode Island

Q: Can a foreign rights holder issue a worldwide takedown on content they don’t own in the majority of the world?

Sony Pictures Network India issued a series of YouTube copyright strikes on my YouTube channel, leading to the channel being terminated. My videos contain plenty of NBA content, meaning that I do not own the rights to any of it, and Sony owns NBA broadcasting rights in India (and India only). Yet they submitted takedowns on my videos across the world rather than just blocking them in India. So my question is whether there is a legal basis for me to submit a counter notice because Sony does not own the copyright to the content in the United States (amongst other countries) and therefore cannot issue takedowns for the videos in countries they don’t own the rights in. I am now set up to lose 1000s of hours or work because of this so any help would be extremely appreciated. Thank you.

Related Topics:
1 Lawyer Answer
Timothy John Billick
Timothy John Billick
PREMIUM
Answered
  • Intellectual Property Lawyer
  • Seattle, WA

A: If you are not abiding by YouTube's TOU then they have the ability to shut you down. Also, I'm not sure whether you're correct in Sony's ownership of the NBA IP in the USA. It's possible they own other types of non-broadcasting rights in the NBA IP in the USA that would enable them to issue takedown requests on similar (but slightly different) bases.

Before an IP attorney can give you a proper opinion on the matter, that attorney will need to see the DMCA request and investigate Sony's rights.

It's possible you have arguments, but there simply isn't enough information above to give you a definitive answer unfortunately.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.