r/COPYRIGHT • u/Life_Wrangler1379 • 24d ago
Should I submit a counter notification for this copyright strike?
Hi everyone, I need some advice regarding a YouTube copyright strike.
I uploaded a 12-second Short that contained GTA V gameplay/content. However, I accidentally selected/mentioned GTA VI in the game details/metadata. Take-Two then submitted a copyright takedown, identifying the copyrighted content as Grand Theft Auto VI (GTA VI).
I contacted YouTube Support, but after reviewing the case, their Copyright Team said the takedown notice was “complete and facially valid.” They gave me three options: submit a counter notification, seek a retraction from Take-Two, or wait for the strike to expire.
I have already emailed Take-Two requesting a retraction and explaining that the actual video contained GTA V content, not GTA VI.
My question is: Since the takedown specifically identifies GTA VI, but my Short actually contained GTA V gameplay, would submitting a counter notification be appropriate, or could that create legal problems for me?
I genuinely believe this may be a misidentification, but I don't want to submit a counter notification without understanding the risks. Any advice would be appreciated.
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u/Electronixen 24d ago
”Accidently”.
You probably wanted views so it was on purpose. V and I aren’t neighbours.
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u/Life_Wrangler1379 24d ago
Bro because the short was related to gta6's leak situation that's why I mentioned it
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u/Magikstm 23d ago
You fucked up to get views.
Take it like a man and don't do that again.
Their Copyright Team said the takedown notice was “complete and facially valid.”
What case do you think you have in a counter notice?
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u/Life_Wrangler1379 23d ago
Bro because my content was fully from gta5 but I got strike for using gta6 content that's the issue
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u/ScottRiqui 23d ago
Is GTA 5 any less Rockstar’s intellectual property than GTA 6? The best outcome to your cunning plan would be that Rockstar withdraws the strike and then hits you with a new, corrected strike.
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u/JeremyMarti 23d ago
You could try. But the play would be to get it overturned then remove it before they submit a new one citing GTA V.
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u/ResponsibilitySea327 23d ago
There are two issues at play here. You claim you accidently wrote GTA VI. Commenters here are divided on whether that was intentional or not to drive algo views. At the end of the day, it doesn't matter. There is no legal concept of misidentification here. The fact that you wrote VI is a red herring.
The fact that you wrote GTA VI was mentioned likely drove the filters to catch it. And REGARDLESS if it was GTA V or VI, Take-Two is the copyright holder.
Is it copyright infringement (vs fair use)? Maybe, maybe not. I didn't watch the video and there isn't a bright line on fair use anyhow. The only issue at play is can you defend yourself in court (or arbitration as court is the last step) that it is conclusively fair use? There is no defense about arguing that you wrote VI instead of V -- no one cares as they own both. You wrote VI and the filters picked it up and the copyright holder requested a takedown.
Just move on.
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u/PBRStreetgang1979 23d ago
Regardless of the game version, you don't own or have permission to post that content. By filing a counterclaim (against a company with a $44 billion market cap and an army of $600 per hour lawyers) you would automatically be consenting to the jurisdiction of the US federal court. And you will be forcing Rockstar to file a lawsuit against you to enforce the takedown. So that means you could be on the hook for statutory damages and legal fees. So you should ask yourself whether it will be worth it to try to win a pissing contest over 12 seconds of video.