So...what do you think?

Discuss anything and everything here that's Airsoft related.

So...what do you think?

Postby Maginus » Fri Sep 13, 2013 12:37 pm

To:*************

Hi *********,

I noticed that we have received a copyright infringment for your video on YouTube. I feel that this is unfair, and also unjust, for the following reasons.

1. Without copyright permission from the writers of the songs used in your video, you are infringing copyright laws yourself. I find this hypocritical.

2. You do not have a location agreement for filming at ***********, and neither do you have a signed release for your footage from *************, Inc. We reserve the right to use any videos filmed at our location without a location fee, in lieu of a fee, or a release. If you decide, however, to not allow us to use the footage, we will require payment for the location used during our event, a location agreement, and release agreement. We feel it very inappropriate for you to not allow us to use footage filmed at our location, without our express permission to have a camera on the property.

I believe there are other legal reasons why your video could be considered problematic, especially on a corporate level,but I always felt that perhaps the easier solution, is to resolve this issue.

We are not required to give you any credit, or link to your youtube account, in order to use your footage, or your video, as you did not have permission to film it at our location. Your attack upon our use on our account was immature, and unnecessary.

Please remove your copyright infringement from our account, or we will file a counter-claim, due to copyright infringement on our brand, and the music within the video, no release of ownership of footage, location permission, and lack of release of indemnity from *********, or ***********.

Considering you filmed this video without our permission to do so, the least you can do is allow us to use it, and we will of course, allow you to.

Regards,

********
*******
*******


FYI no where on the property was anything posted about video footage or cameras, also nothing in their waiver has any mention of cameras or video footage.
User avatar
Maginus
Soldier
Soldier
 
Team: A.S.T.D.
Posts: 204
Age: 48
Images: 5
Joined: Wed Jul 20, 2005 2:25 pm
Location: Longview, Wa.

Re: So...what do you think?

Postby razazarak » Fri Sep 13, 2013 12:46 pm

Since they are incorporated, you have to assume they have legal standing on anything and everything that has to do with that company. They aren't required to have any postings saying "don't video." I agree with you that this seems rather...unprofessional...but they are correct. My suggestion would be to just say "i dont care if you use the video i made." That would make everything just disappear easily. But its up to you. Good luck!
razazarak
Grunt
Grunt
 
Team: N/A
Posts: 36
Age: 37
Joined: Sun Aug 11, 2013 10:04 am

Re: So...what do you think?

Postby Maginus » Fri Sep 13, 2013 1:02 pm

I've already had youtube agree with me and one other person I consider to be an authority on youtube stuff plus 2 other private parties say this field owner is full of it. He's just butt hurt cause I wouldn't let him steal my video, plus he wouldn't even respond to my emails.
User avatar
Maginus
Soldier
Soldier
 
Team: A.S.T.D.
Posts: 204
Age: 48
Images: 5
Joined: Wed Jul 20, 2005 2:25 pm
Location: Longview, Wa.

Re: So...what do you think?

Postby Matt » Fri Sep 13, 2013 9:40 pm

I think we don't have the full story here.
Image
User avatar
Matt
1337
1337
 
Team: APST
Posts: 9645
Age: 44
Images: 12159
Joined: Fri Nov 26, 2004 3:32 pm
Location: Portland, OR

Re: So...what do you think?

Postby Junto » Fri Sep 13, 2013 9:54 pm

Yeah, what property was it filmed on, for one? Who is 'he' that you keep referring to? Obviously the guy who wrote the email, but without knowing anything about the context under which you shot and produced whatever video you're talking about, how do you expect us to comment?

Also, it is widely understood that filming on corporate/private business property without permission can lead to refusals of service and ejection from the property, for starters. This is why you don't see many funny videos inside places like grocery stores. If you do see them, the crew have usually already approached the store about filming there. I can even understand how some airsoft field owners may object to content filmed on their property without their consent. While AP has a history of good photos and videos from events, these are usually coordinated by hosts and there is at least mention of the activity to the field owners.

We don't subscribe to your YouTube. Please elaborate.
Image
User avatar
Junto
1337
1337
 
Team: DRAT
Posts: 7581
Age: 37
Images: 7
Joined: Mon Jan 30, 2006 11:12 pm
Location: Aloha, Oregon

Re: So...what do you think?

Postby Maginus » Fri Sep 13, 2013 11:45 pm

Not much to tell, I recorded my game play at an OP at their field I edited and posted it to my channel. They copied it and posted it on their channel. I emailed them they never responded so I disputed and that is their response the end.

Well I edited out the name cause I didn't want people harassing the field owner or anything. The field is down in S.Cali so no where near us. If I link the video your gonna see who the field owner is. I actually removed the name of the field to protect them in a way. But since your asking for it I guess I will provide a link.

http://youtu.be/bTHUNrDB1l4
User avatar
Maginus
Soldier
Soldier
 
Team: A.S.T.D.
Posts: 204
Age: 48
Images: 5
Joined: Wed Jul 20, 2005 2:25 pm
Location: Longview, Wa.

Re: So...what do you think?

Postby pathfinder » Sat Sep 14, 2013 8:45 am

someone filmed themselves at a game.

the field owner uses said video as promotions.

Kid gets butthurt and trys to slam field owner.

feild owner drops legal bombs on kid.

kid crawls into conner and shuts the shazaam up.


what a great story.
Promoters who charge $40 for a game they just copy and paste, does not give a crap about you, they care about money.
pathfinder
Soldier
Soldier
 
Team: DRAT
Posts: 225
Age: 55
Joined: Wed Oct 05, 2011 6:16 am

Re: So...what do you think?

Postby Matt » Sat Sep 14, 2013 8:49 am

Haha. "S.T.D"

If you had watermarked it there wouldn't be a problem - even if it had been copied you'd still be getting credit. I assume they cut your opening logo out? If they didn't, I honestly don't know what you have to complain about. Can't believe there's two parties arguing legal action over a 26 minute long helmet cam video that's had 70 views in a month. My advice to you, drop it. Consider any additional exposure or views or your video and you playing Airsoft to be a good thing. Watermark your video in the future.

Also, the field would have better relationships with the players if they would just make a playlist of videos created by the players there rather than ripping them off and adding them to their own channel. If they feel entitled to use anybody's helmet cam footage on their own channel, there should be a paragraph in their waiver about that. That solves the problem from their end.
Image
User avatar
Matt
1337
1337
 
Team: APST
Posts: 9645
Age: 44
Images: 12159
Joined: Fri Nov 26, 2004 3:32 pm
Location: Portland, OR

Re: So...what do you think?

Postby Maginus » Sat Sep 14, 2013 12:31 pm

pathfinder wrote:someone filmed themselves at a game.

the field owner uses said video as promotions.

Kid gets butthurt and trys to slam field owner.

feild owner drops legal bombs on kid.

kid crawls into conner and shuts the f**k up.


what a great story.


Wow I'm still a kid huh? At what point to I get considered to be an adult? I'm 37 now and your what 43? So based on your statement I'm assuming it's some time after 44 huh =P

As for Matt, I'm not threatening any legal action. Heck at first I was just gonna let them keep the video up on their channel. All I asked is that they put a link to my channel on the description so I might be able to get a few more viewers. But since they didn't want to do that I disputed it. Heard from a lawyer I sent an email on the matter, he said he needs to look up a few thing but at first look the field owner has no standing and I shouldn't worry about it. I'm not gonna take any legal action against him .....unless he does and forces me to defend myself. Having my video up on their channel means people wont watch it on my channel and I tested to see who's video would come up first on a search and it was the one on their channel. I just felt a little violated by someone literally stealing from me. I think that would bug anyone.
User avatar
Maginus
Soldier
Soldier
 
Team: A.S.T.D.
Posts: 204
Age: 48
Images: 5
Joined: Wed Jul 20, 2005 2:25 pm
Location: Longview, Wa.

Re: So...what do you think?

Postby Payback » Sat Sep 14, 2013 2:54 pm

pathfinder wrote:someone filmed themselves at a game.

the field owner uses said video as promotions.

Kid gets butthurt and trys to slam field owner.

feild owner drops legal bombs on kid.

kid crawls into conner and shuts the f**k up.


what a great story.

Your an idiot. But i guess you would be an expert on what getting butthurt is.



He first asked the guy to link the channel to the original video, simple request, it should have been honored. Even if it was just in the comments would have been fine. But they gave no response after a week or two.

I do agree putting a dispute on an airsoft video that never would have gotten more than a few hundred views was more than what was needed, but it was done. The game in question had telemundo there with a tv crew filming, three stores, about 8 separate larger teams, and they all had the same thing done, video's posted on the fields channel with no credit or links given to the people making the video's.

In my opinion the field benefited allot more from the exposure than we did. Hell, we aren't even a serious team, look at our logo, we just want to have fun, but who wouldn't want more video views. But the guy that runs that part of the field has a big head, it was obvious when he gave the rules out during briefing.

In the big scheme of things it's not a big deal. Not worth the hassle that it has gone to.
AKA: rbm33

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty
User avatar
Payback
Ranger
Ranger
 
Team: A.S.T.D.
Posts: 898
Age: 51
Images: 9
Joined: Fri Feb 25, 2011 12:18 am
Location: Rainier, Oregon

Re: So...what do you think?

Postby Reeko » Sat Sep 14, 2013 5:27 pm

i could see this being an issue if this video was a viral video and had millions of views at stake that could possibly give monetary value to the person who owns it. but you are looking at a couple thousand views max on these kind of things. I can understand maybe getting a bit frustrated, but not mad enough to seek a lawyer. Its not worth the legal fees. Since there is nothing to actually gain from having the video. besides a negligible amount of publicity. So if the publicity is worth that much to you than by all means, take legal action.
YOU SIR!!!!...... DO NOT HAVE ANY PANCAKE MIX!
User avatar
Reeko
Soldier
Soldier
 
Team: N/A
Posts: 496
Age: 32
Images: 32
Joined: Mon Jun 15, 2009 3:08 pm
Location: Mount Vernon, WA

Re: So...what do you think?

Postby Maginus » Sat Sep 14, 2013 10:25 pm

I'm not taking legal action, I just asked a lawyer about the threatening letter I received to see if I was in any trouble.
User avatar
Maginus
Soldier
Soldier
 
Team: A.S.T.D.
Posts: 204
Age: 48
Images: 5
Joined: Wed Jul 20, 2005 2:25 pm
Location: Longview, Wa.

Re: So...what do you think?

Postby Aforbit » Mon Sep 23, 2013 10:36 am

I think this thing can be resolved rather quickly by just letting the field use your video. One thing we always do when we want to film video is ask the field owner or manager if it's cool for us to film there. 95% of the guys who we have talked to are very cool with it and enjoy the free advising that these videos provide we just let them review it first.

I understand they kind of came off like a bunch of dicks with the letters and all, but you also have to understand that this field is this man's lively hood and when you mess with a man putting food on the table for his family I can guarantee you he is not going to be nice about it. Let's say a disgruntle employee or customer posts a disparaging video online and other new customers can see it he is going to lose money.

I know what you're thinking "but I only made a positive video" in the end if they let one thing slide it's an open invitation to anyone else to do the same and that time it might not be as positive. It's all or none as a business owner you have to control all media coming in or going out of your field. Carnegie said it best "buy when there is a blood in the streets" small business can be very tough and in a very nich world like airsoft you have to protect your interests.
There is no 'overkill.' There is only 'open fire' and 'I need to reload.
User avatar
Aforbit
Grunt
Grunt
 
Team: N/A
Posts: 86
Age: 43
Images: 2
Joined: Tue Jul 30, 2013 9:57 am
Location: Misawa AB


Return to Community General Discussion

Who is online

Users browsing this forum: No registered users and 11 guests