Dear Celso,

Thanks for your inquiry. We’re glad you take copyright laws seriously –
YouTube does too. In general, you must be certain that your video doesn’t
infringe someone else’s copyright before you upload it to our site. We
cannot make this determination for you, as it’s your responsibility to
know the rules. To help you, we suggest you refer to our Copyright Tips at
http://youtube.com/t/howto_copyright. There, we’ve provided some
guidelines and links to help you determine whether your video infringes
someone else’s copyright.

Yours sincerely,

The YouTube Team

If you think there is some fair use in your case or something, I suggest you try to get in contact with the copyright holder that triggered the DMCA takedown and see if you would reverse their DMCA takedown in exchange perhaps for you to promise to remove the illegal video then right after.

I recenly had a notice myself and felt I need to learn more about the truth. Came accross your story. Congratulation s for the reinstatement and perhaps you could take look at my case and suggest me ideas of how to reinstate mine (if possible at all)? Cheers~ Terry

Here is the excerpts of e-mail communications.

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 Twentieth Century Fox Film Corporation claiming that this material is infringing:

Edelweiss – Sound of Music (cover): http://www.youtube.com/watch?v=aBur-jpxnO0

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 prevent this from happening, 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, please go to our Help Center to access the instructions.

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.

Dear Terry,

When we’re notified by an authorized representative of the copyright
holder that a particular video uploaded to our site infringes another’s
copyright, we respond promptly. If there remain videos on the site that
appear similar to the one(s) we’ve removed, we are likely either not aware
of them or do not have reason to believe they are infringing. Sometimes a
copyright owner authorizes some, but not all, of its works to appear on
our site. Other times, very similar videos are owned by different
copyright owners, and one may grant permission while another does not.

Please check out our Copyright Tips at
http://www.youtube.com/t/howto_copyright, where we’ve provided some
guidelines to help you determine whether your video infringes someone
else’s copyright.

Sincerely,

Justin
The YouTube Team

Original Message Follows:

From: “Terry Lee” terry@trl-microwave.com
Subject: Re: [#527388673] Video Removed: Copyright Infringement
Date: Sat, 17 Oct 2009 14:40:17 -0700

Hello Justin,

Thanks for the prompt reply and your kind information.
I did read through the copyright site and it was very helpful and clear
in
general.

While I do understand and admit that there will be likely copyrights
infringement on my video since I used some part that are not my
original, I
am still very interested in finding out why my video is singled out when
the
other source video is up and fine.

So, I would REALLY appreciate very much if you can see two videos, mine
and
the source that I used and help me see if FOX Film may have
misunderstood….(I dearly hope..). Here they are.

1. This is the source video that I used, and this is still running in
   YouTube since Oct 2008 and many seem to appreciate. Since it has been up
   for
   a while, and no indication of any copyrights infringement, I assumed it
   was
   okay to use it as the basis of karaoke to sing along. over 29,000
   views…

http://www.youtube.com:80/watch?v=JUMKOS9xtcs&feature=related

1. This is (was) my video, which is the exact (100%) copy of the above
   plus
   mixing my own song over it. under 500 views…
   http://www.youtube.com/watch?v=aBur-jpxnO0

Common sense tells me that yes FOX (or someone) probably own the photo
clip
and/or audio karaoke. But is so, why my video is singled out and why
now?

Again I appreciate your help to clarify on this matter and I need to
explain
properly to my family and friends for my own credibility sake.I have no
commercial intend nor interests.

Cheers,

Terry 1-604-952-4361

—– Original Message —–
From: “Copyright Service” copyright@youtube.com
To: “Terry Lee” terry@trl-microwave.com
Sent: Friday, October 16, 2009 8:38 PM
Subject: Re: [#527388673] Video Removed: Copyright Infringement

Dear Terry,

Thanks for your inquiry. We’re glad you take copyright laws seriously -
YouTube does too. In general, you must be certain that your video does
not
infringe someone else’s copyright before you upload it to our site. We
cannot make this determination for you, it’s your responsibility to know
the rules, but we suggest you refer to our Copyright Tips at
http://www.youtube.com/t/howto_copyright, where we’ve provided some
guidelines and links to help you determine whether your video infringes
someone else’s copyright.

Sincerely,

Justin
The YouTube Team

Dear Nicolas,

Thank you for your counternotification. Fox has retracted its copyright
claim with respect to the following videos:

http://www.youtube.com/watch?v=Sb7iphIFyoY

This content has been restored and I have reactivated your accounts. For
technical reasons, it may take a day for the video to be available again.
Please let us know if you have any further issues.

Sincerely,

Harry
The YouTube Team