Q: Is it legal for Youtube to reinstate my copyrighted films when someone is falsely claiming that they own these films?
I make derivative works by colorizing b/w movies in the public domain. I upload them to Youtube on my channel. My films all have copyright notices on them so my versions are no longer PD.
A distributor in Germany downloaded them, attempted to remove my copyright notices and is now licensing my movies to a Youtube channel . I've communicated with both the distributor and the YT channel owner and they are not cooperative. I sent a Cease and Desist letter to the distributor and he failed to respond to my complaint.
I've asked Youtube to remove the violating movies. I have evidence that proves my works have been stolen and even presented them to Youtube, they agreed to have the films removed at first, but now the uploader has objected with a counter-claim and Youtube tells me that I have to file a lawsuit in Federal Court or they will reinstate my stolen films.
Is this legal under the DMCA?
A:
You definitely need to consult with an attorney.
You do have copyright common law rights just by creating your content, but a registration gives proof of title and ownership.
It is better to have registration and title to a property as the platforms take it as proof of your ownership.
Lack of a registration puts them in a bind. They are not a court and can not decide who is the rightful owner.
You run into jurisdiction issues, as the other party is in Germany. You can try suing in the USA.
Best luck.
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