McKinney, TX asked in Intellectual Property for Texas

Q: I'm A Very Small Youtuber Getting Legal Threats From A Company Called BViral so I want to know if this has any merit

Background first, 2 months ago I made a commentary video of a tiktok I saw that involved a woman in a pink dress and crashed into a Popeye's. Everything was well until I get a copyright notice later which I thought maybe it was an issue with me using a show's clip in the video but no it was for the TikTok because a company, BViral owns the rights to it. 1st I ever heard of a corporation getting the rights to random tiktoks recorded by someone on the streets. I muted the segments of the video based on what Youtube told me would be necessary to keep the monetization. After doing that I would make a funny rant video on the matter since I found other people online going through the same, posted it in July and it got a whooping 338 views. I guess it was so viral that BViral sent me a letter today telling me I have 5 days to take it down because I made "false and defamatory statements" and threaten legal action on me. Appreciate any help and thank you for your time!

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Receiving a legal threat can be stressful, especially for a small YouTuber. BViral claims that your video contains false and defamatory statements, which they believe harms their reputation. It's important to carefully review the content of your video to understand their concerns and ensure that your commentary doesn't include unverified or harmful claims about them.

Since you used parts of a TikTok video owned by BViral, there might be copyright issues involved. Even though you muted the segments to comply with YouTube's guidelines, BViral still holds the rights to their content. Make sure that your use of their material falls under fair use, which typically covers commentary, criticism, or parody, but this can be complex and situation-dependent.

Given the seriousness of legal threats, it would be wise to consult with a legal professional who can provide advice tailored to your specific situation. They can help you understand your rights, assess the validity of BViral's claims, and determine the best course of action to protect your channel and content.

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