I got an email from YouTube (pasted in below) saying one of my Miatas @ Hallett 2006 track videos was infringing on someone else's copyright. Since I shot the video thru my car's windshield, and haven't assigned any video rights to anyone else, I think YouTube is wrong for blocking my video. I'm going to write a letter back to them, and we'll see what happens.

Here's what they sent me:

<start email from YouTube>

Dear Member:

This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by Deep Focus claiming that this material is infringing:

Dicing with a Red Miata: http://www.youtube.com/watch?v=SOdtrhSyJlk

Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube's copyright policy, please read the Copyright Tips guide.

If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):

1. A physical or electronic signature of the subscriber.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriberis address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection ©(1)© or an agent of such person.

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
YouTube, Inc.
1000 Cherry Ave. Second Floor San Bruno, CA 94066
Email: copyright@youtube.com

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Sincerely,
YouTube, Inc.

</end email from YouTube>

Well thats F-ing stupid!

Who is Deep Focus? Is there a chance that their car is in your video without their permission? Just wondering.

As a side note, at one time I registered godzillaracing.com and had bunches of threats from Toho intl's attorneys (Toho owns Godzilla) I still have the letters from them.

My guess it's these guys: Deep-focus.net

No, there was no car there called "Deep Focus". I've talked to the guy in the red Miata who was in front of me. He's glad to have seen the video.

Makes me wonder if its a typo picking on you or did you use their music in the video.

I think its a typo. I didn't add any music - just the sweet exhaust note of a BP16!

I didn't remember any music when I watched your videos last summer but I am getting old now so you never know.

I found a good website to generate a form letter to dispute the removal: ChillingEffects.org

It helped me generate this letter:

January 27, 2007
RE: Mistaken Removal of Dicing with a Red Miata http://www.youtube.com/watch?v=SOdtrhSyJlk

Dear YouTube Inc. DCMA Complaints:

Please find attached to this letter a list of material removed by you pursuant to 17 U.S.C. Section 512. I have a good faith belief that this material was removed or disabled in error as a result of mistake or misidentification of the material. I declare that this is true and accurate under penalty of perjury under the laws of the United States of America.

For the purposes of this matter, I consent to the jurisdiction of the Federal District Court for the judicial district in which I reside. I also consent to service of process by the person providing notification under Section 512©(1)© or that person’s agent.

However, by this letter, I do not waive any other rights, including the ability to pursue an action for the removal or disabling of access to this material, if wrongful.

Having complied with the requirements of Section 512(g)(3), I remind you that you must now replace the blocked or removed material and cease disabling access to it within fourteen business days of your receipt of this notice. Please notify me when this has been done.

I appreciate your prompt attention to this matter. If you have any questions about this notice, please do not hesitate to contact me.

Sincerely,

(my name, phone number, and address)

I've signed the letter and mailed it. From reading the Chilling Effects web site, now it's up to "Deep Focus" to sue me in federal court for copyright infringement. I'm very interested to know how they think they have a copyright on video I shot on my camera in my car! But I really think it's just a mistake/typo, and they aren't trying to knock my video down.

Your video is your copyright. By the very nature of you producing it, it is copyright to your name, and you dont' have to do anything. Your'e taking the right action. It is an annoying pain in the ass though ... I agree.

So, we collectively love our judicial system?

A win! B)

email from YouTube on Tuesday 2/13/07 >>>>>>>>>>>>>

Dear Rodney,

In response to your DMCA counter-notification, Deep Focus has retracted its copyright claim with respect to the following videos:

http://www.youtube.com/watch?v=SOdtrhSyJlk

This content has been restored and your account will not be penalized. For technical reasons, it may take a day for the videos to be available again.

Sincerely,

Jacob
The YouTube Team
<<<<<<<<<<<<<<<<<

HAHA way to stick it to the man!

Stupid bastards at deep focus...

Awesome man!! Congrats.

I'm sure there's a countersuit in there somewhere for you in small claims. Talk to a lawyer. The Deep-focus guys look like they have deep pockets, and I know you want some new toys for the Miata 8)

is it really worth it though? its not like it caused any damage to rodney. i would be more adamant about getting an explanation from deepfocus

I can see that Rodney is very mentally damaged by this.