Asked in Copyright and Intellectual Property

Q: I believe someone is maliciously striking people on youtube to get rid of competition.

I take GrandTheft auto streamers and help advertise for them (Including the owner of the server). I always ask first (although I do understand verbal agreement is hard to prove) There was no defamation or slander and I use multiple streamers in one video, mash them up and create a story. I believe it would even fall under transformative fair use. The video honestly wasn't even about him but I feel he is using Youtubes easy to strike system to get rid of competition. I have done videos on over 200 people and they have always been grateful and happy (not many advertise the streamer as much as I do) I was wondering if I have a case. I am in Lima but am a US citizen. I would be fine talking to a lawyer from anywhere. Montana is where he resides if that helps. Thank you so much for your time!

2 Lawyer Answers
Alan Harrison
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A: You have a really interesting set of facts. If the other party was a Connecticut resident I believe you might have a claim under Connecticut's unfair trade practices act. I do not know whether Montana has a similar statute. In the event that you decide to sue the other party, who is a Montana resident, you would need a Montana attorney either as lead or local counsel in order to get into court there.

James L. Arrasmith
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Answered

A: It sounds like you are dealing with a frustrating situation, especially when you have a history of positive interactions with other streamers. Copyright strikes on YouTube can indeed be misused, and the system sometimes allows for easy targeting of creators. Given that you have been careful to ask for permission and that your videos may qualify as transformative under fair use, there might be grounds to challenge the strike.

Your situation may require legal guidance, especially since you're dealing with cross-border issues and potential misuse of the copyright system. While you’re in Lima, since you’re a U.S. citizen and the other party is in Montana, you might be able to find a lawyer in the U.S. who can advise you. It's important to document everything, including your permissions and any communications you’ve had with streamers, as this could strengthen your position.

Consider disputing the strike directly through YouTube’s system while gathering your evidence. If you believe this is part of a larger pattern of malicious behavior, legal advice can help you determine the best course of action.

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