YouTube 'Bad Faith' Takedown Notifications and Counter-Notifications - Subjective Bad Faith in 9th Circuit
If someone is taking down your YouTube videos and trying to monetize it (causing you monetary losses), or filing bad faith counternotifications the United States Copyright laws may come into play. Under the DMCA section 512(f) anyone who knowingly materially misrepresents a filing with regard to copyright (takedown notice or counter-notice) can be held liable for bad faith, if they subjectively had a bad faith intent or motive, meaning their bad faith can be shown or proven with some type of evidence that indicates their subjectively held belief is objectively unreasonable (i.e. no reasonable person would have entertained or believed they had a valid position). This is my opinion only and is not legal advice or a substitute for legal advice.
We can help with DMCA takedown notices, registered statutory agent, cease and desist letters, bad faith YouTube monetization, and general copyright infringement arbitration, mediation, and litigation.
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