[Message from Andrea Materia, 1 of 2.]
Since you disputed the claim, there's no other course allowed by YouTube system other than a copyright strike.
However, I manually delayed this for 7 days before it takes effect. It will not, if you retract your dispute. It's how YouTube copyright system works.
It's not at all important my background (I have a degree in Law as a matter of fact), but what DMCA requires. Usage of copyrighted works without a proper license in a publicly distributed audiovisual content, specifically a commercial video, is not allowed.
You haven't asked for permission to the TV producers of the show, nor obtained an agreement in writing. Which would be exactly what a TV station offering a critique of Star Wars would immediately do, even before starting filming that critique segment.
In any case, I'm cc'ing a representative from The Dr. Oz Show online team, if you want to reach out to them.
Your freedom of speech is not impaired at all and we haven't blocked your video, but you cannot monetize works including copyrighted footage, notwithstanding the intrinsic cultural value of your commentary. It is indeed one of the four factors of the Fair Use doctrin: usage must be NON commercial in nature.
Andrea
[Message from Andrea Materia, 2 of 2.]
Let me say something. .
Blocking the monetization is not blocking you from showing the videos. Many channels bloc their videos making impossible for other channel to show their videos even if they use few seconds of their video. The problem is not the right of speech. Is the “right to monetize”. By the way I understand that this part has been used within a longer video. So it’s useless to discuss further.
You will retract the dispute and we will manually take the claim away so that you can monetize your video.
Have a wonderful thanksgiving.
—————
[My reply.]
I will reply to both of you.
Please understand that I am explaining the sense in which you are "incorrect": this is a matter of being right or wrong.
Re: "Your freedom of speech is not impaired at all and we haven't blocked your video, but you cannot monetize works including copyrighted footage, notwithstanding the intrinsic cultural value of your commentary."
This is untrue: in the American legal tradition (and it is similar in the British Empire tradition, i.e., England and Canada) the right to earn money from your speech is identical to freedom of speech. For example, if someone prevents a newspaper from earning revenue (from advertising) because of their political message, that is legally tantamount to repressing their freedom of speech.
If the government prevents a newspaper from selling advertising because it is too left-wing (or too right-wing) in its (editorial) political views, that is (legally) repressing the newspaper's freedom of speech.
Please understand: you are factually incorrect about this (in the legal and policy context of youtube). In Communist China, there is a different legal tradition, but this is irrelevant to the discussion of youtube policy in 2019 (under American law, for the most part).
Re: "You haven't asked for permission to the TV producers of the show, nor obtained an agreement in writing. Which would be exactly what a TV station offering a critique of Star Wars would immediately do, even before starting filming that critique segment."
This is completely, factually untrue (both in principle and in practice).
TV stations do not require permission to criticize a clip of Star Wars, nor a clip of Donald Trump speaking: they DO NOT need to get an agreement in writing for this type of broadcasting (and they never do so in the United States).
Use of footage of a private individual is somewhat different (e.g., if you had "hidden camera" footage of a non-famous, non-political person who did not agree to participate), but any "public figure" is fair use and fair game.
I do not know how you made this error: you are both very badly mistaken about the basic reality of "fair use" law in the American tradition (and apparently you have no experience working in the media… whereas I do!).
Again, you can familiarize yourself with the principles and practices in the American tradition via Wikipedia:
"[A] reviewer may fairly cite largely from the original work, if his design be really and truly to use the passages for the purposes of fair and reasonable criticism. On the other hand, it is as clear, that if he thus cites the most important parts of the work, with a view, not to criticize, but to supersede the use of the original work, and substitute the review for it, such a use will be deemed in law a piracy ..."
That's the deal.
Using a one minute quotation from Jordan Peterson (a public figure) in the context of offering a political critique of Jordan Peterson is very clearly protected freedom of speech both under American law and under youtube policy.
It is astounding that you have failed to recognize this.
Re: "By the way I understand that this part has been used within a longer video. So it’s useless to discuss further. You will retract the dispute and we will manually take the claim away so that you can monetize your video. "
This is a somewhat bizarre statement: are you (or are you not) admitting that you have been wrong in every single statement you made above?
Are you, in fact, going to cancel your malicious and false copyright strike against my channel, and the repression of my free speech through the intentional misuse of youtube's copyright system?
You say, "and we will manually take the claim away so that you can monetize your video."
We'll see. Either you'll do it, or I'll see you in court.
You CANNOT win in court, do you understand this? I won't even need to hire a lawyer: the only possible argument you could offer (legally) would be that "one minute" of the video is so extensive that it replaces the original TV program (akin to playing the whole of Star Wars in reviewing Star Wars), and you know very well that you could not win with this argument.
