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	<title>Comments on: Remix Videos: Another One Bites the Dust</title>
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	<link>http://www.geeksaresexy.net/2009/02/15/remix-videos-another-one-bites-the-dust/</link>
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		<title>By: Casey</title>
		<link>http://www.geeksaresexy.net/2009/02/15/remix-videos-another-one-bites-the-dust/#comment-135455</link>
		<dc:creator>Casey</dc:creator>
		<pubDate>Mon, 16 Feb 2009 12:56:23 +0000</pubDate>
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		<description>Oh yes, you&#039;re completely right--sorry, I didn&#039;t make myself clear.  I meant legally.  Fair use is considered on a case-by-case basis by courts.  In the case of YouTube counter-notifications, YouTube forwards it to whoever sent the takedown notice, and they have some number of days to respond (I think they may even have to say that they&#039;ve filed for a court order, though I&#039;m not completely sure about that), and if YouTube doesn&#039;t hear back, they put your video back - so I highly suspect that in most cases the copyright owner doesn&#039;t bother.  But in any case, if they DID decide to dispute it, then a court would have to decide; it&#039;s not YouTube&#039;s call.  Not that I&#039;ve ever been through this process; that&#039;s just my understanding of how it works.</description>
		<content:encoded><![CDATA[<p>Oh yes, you&#8217;re completely right&#8211;sorry, I didn&#8217;t make myself clear.  I meant legally.  Fair use is considered on a case-by-case basis by courts.  In the case of YouTube counter-notifications, YouTube forwards it to whoever sent the takedown notice, and they have some number of days to respond (I think they may even have to say that they&#8217;ve filed for a court order, though I&#8217;m not completely sure about that), and if YouTube doesn&#8217;t hear back, they put your video back &#8211; so I highly suspect that in most cases the copyright owner doesn&#8217;t bother.  But in any case, if they DID decide to dispute it, then a court would have to decide; it&#8217;s not YouTube&#8217;s call.  Not that I&#8217;ve ever been through this process; that&#8217;s just my understanding of how it works.</p>
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		<title>By: Cptnodegard</title>
		<link>http://www.geeksaresexy.net/2009/02/15/remix-videos-another-one-bites-the-dust/#comment-135432</link>
		<dc:creator>Cptnodegard</dc:creator>
		<pubDate>Mon, 16 Feb 2009 07:46:40 +0000</pubDate>
		<guid isPermaLink="false">http://www.geeksaresexy.net/?p=10591#comment-135432</guid>
		<description>its not 100% true that you need to go to court to get the video back. if the video is taken down with the automated song recognition software, you can dispute the copyright claim and explain why its fair use etc. I did this with one of my videos and it got cleared. It also puts the video back up until the claim is looked at, so it gives you the chance to downlaod the video if you dont have it saved</description>
		<content:encoded><![CDATA[<p>its not 100% true that you need to go to court to get the video back. if the video is taken down with the automated song recognition software, you can dispute the copyright claim and explain why its fair use etc. I did this with one of my videos and it got cleared. It also puts the video back up until the claim is looked at, so it gives you the chance to downlaod the video if you dont have it saved</p>
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