Good news! My documentary, You don’t know Hitler (2006) has been restored to my YouTube channel and my copyright strike has been removed.

Bad news: I have received no apology or explanation from BR Enter Music for making this false claim against me, or from the German National Library for ignoring my repeated efforts to contact them, or from YouTube for having such an unfair and inadequate system for dealing with copyright claims. Here’s what the email from YouTube said:

youtube-reinstates-documentary

  1. They can’t even congratulate me on winning the battle, instead they have to hit me with another threat; “They may still be removed for other reasons.”
  2. They can’t even bother to make a formula email that addresses a single video; “The following videos…” “They may still…”
  3. When I visit my Video Manager there is no new information about my case. In fact, the old information about who made the false copyright claim against me isn’t even there. Nor is there any mention of what will be done to stop abuses like this in the future.

So, bottomline: I’m very glad that I won the battle but I still feel like we are all losing the war. Impersonal, bureaucratic, senseless decisions are being made everyday by corporations, governments, and organizations that pay little attention to individual situations or facts. And I don’t see how that is going to change.

I do, however, want to thank EVERYONE who helped me fight the good fight on this one! Those who wrote emails to the respective parties and those who published articles online, particularly TorrentFreak! You’re like the, “Whos down in Whoville,” each making noise until a critical mass was reached and the powers that be were forced to hear, if only for a moment.

While I still have your attention I will reiterate these important points:

  1. The Nazis and their successors are not entitled to copyright protection on Nazi Propaganda! Criminal records are in the Public Domain and no copyright claim that start with, “We own the Nazi…” is ever valid!
  2. Fair Use is grossly marginalized and beaten down everyday. Fair Use is not an exception to copyright, copyright is an exception to Fair Use, and it’s long past time that we figure this out.
  3. YouTube needs to create a more rational and fair system for resolving copyright disputes.

If you can do anything to help advance these points, no matter how small, do it!

Thanks for listening,
JKL

UPDATE:

I wrote this last night right after I received YouTube’s email. More than two hours later, after I went to bed, YouTube sent another email:

youtube-br-enter-music-email

I have emailed back, requesting a copy of BR Enter’s response; we’ll see what I get. As you can read above, YouTube says they are giving me the takedown notice they received and their response, but I see no response from YouTube included as of yet.

I should also note that I had to provide all of my contact information to the complaint – full name, address, phone, email – and after all this the only thing I have received in return is a first name, Gunther. At least I know that Gunther may face the termination of his account over this but, why am I not surprised, there is no indication as to what YouTube considers “abuse” or how many people BR Enter/Gunther needs to harass before any consequences kick in? And then there is the repeated threat that my documentary may yet be removed again. The whole thing just gets, “curiouser and curiouser,” as Alice would say.

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4 thoughts on “You don’t know Hitler is back on YouTube!

  1. So, basically, BR Enter’s response to having their takedown refused (and to having the German National Library state that BR Enter do not act for them) is to file another takedown. Given that they need to state “UNDER PENALTY OF PERJURY” that they have the right to issue such a notice, does that not make them (prima facie, at least) guilty of perjury?
    With any luck, Youtube will apply the abuse penalty noted in the notice, and “Gunther” will lose his account.

    Liked by 1 person

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