Youtube copyright Bismarck vs Hood footage

[toni112007]

Hello, I have a problem and I dont know if this is right forum or right section of forum but I need help and since you guys know alot about history I am asking for advice if anyone can help. So my problem is that I made few years ago youtube video "Bismarck vs Hood original WWII recordings footage" and it reached almost 500,000 views. But recently some Swiss company named Artworks Entertainment GmbH [email protected] issued a copyright claim against my video and they have taken it down (I also received copyright strike). So footage basically contained video recordings of WW2 where we can see Bismarack shooting on Hood. Now, does anyone know if these guys (and how can I check) own the rights to 70+ years ago video footage of Bismarck engaging HMS Hood. I disputed claim but I dont know what will happen since I dont know who really owns footage of this, since there is no information on the Internet. Can anyone help? also if this doesnt belong to this forum I apologize and admin can delete it. Regards!

[Michael Kenny]

You may have copied your footage from one of their videos/DVDs. Can you link to the footage in another You Tube film so we can see where it originated?
Is there really footage of Bismark firing at Hood?

[toni112007]

https://www.youtube.com/watch?v=P84N_3PTWdY Some guy uploaded my video. But here it is. Only suspicious part would be some HF logo starting at 0:40. But I watched some videos of this company on youtube and it doesnt have this logo (they use "film portal" logo). http://history-films.com/

[toni112007]

This is their Youtube channel btw https://www.youtube.com/channel/UC7zrRp ... IPrMIvZtPQ

[Terry Duncan]

Sorry for the late reply here, but firstly I would be rather surprised if this company owned the copyright, usually such companies pay museums for the right to include such footage in their films, so maybe watching the credits of their video may give you an idea of where they got the footage from, as if they only have a license to include it in their film they own no copyright in the first place. Secondly, there is always the 'fair use' category so it could be worth appealing there depending if you had added anything to the video such as commentary, where anything you added can be said to alter or add to the content. This is an odd category, but one many YouTubers use, as even videos with nothing at all added have cleared this hurdle just on the title an uploader has used. It is a very specialised field but you may find someone to advise you - the best known 'YouTube' contributor who is an actual lawyer is Leonard French who often comments on famous cases of this type so it might be worth messaging him for some guidance? This is his site; https://www.youtube.com/user/ljfrench009

Another way forward for you would be to write directly to the company and ask them where they obtained the footage, maybe using a different name as they may not reply to someone they have issued a copyright strike against. If they do indeed own it, they might offer to allow you to use the footage for educational purposes etc, so asking them would be reasonable for a person looking to avoid a strike. Obviously, if they themselves do not own the copyright, they may point you in the direction of whoever does own it, coincidently notifying you their copyright strike against you was in itself fraudulent. Alternative ways would be to contact somewhere like the Imperial War Museum in London and ask them about the footage and see if they can tell you who owns it. I used to correspond fairly frequently many years ago with Alan Wakefield who was the curator of photographic images there. He always used to be a very helpful chap, so I would suggest starting with him, as given his previous role he should know or be able to put you on the right track. The National Maritime Museum Greenwich would be another place to ask, as they too are usually willing to give basic advice such as where the film is owned or how to find out who does own it, even if they will not, and cannot advise you on legal matters or encourage you to use film you do not have a copyright license for.

A third way to go would be to ask on the website KM Bismarck and the HMS Hood Association websites as they are some of the most detailed sites on any ships online, very little about either ship would not be known be the members there, so knowing where the original film is now and who owns it is probably something one of the members there will know for sure.

http://www.kbismarck.com/

http://www.hmshood.com/

[Michael Kenny]

http://3dhistory.de/wordpress/historical-film-footage/

[Michael Kenny]

https://www.youtube.com/watch?v=pPmkOtSveXY

[toni112007]

I did send email to this company in ENGLISH language asking why did they took down my video and do they actually own copyright to it, and I got reply in German and this is the reply "Schreiben sie ausschließlich in deutscher Sprache wenn sie etwas möchten.

MFG
Geiger
HISTORY FILMS"

Since I dont really know German, I used google translate and it got me this "
Only write in German if you want something." I dont know what to think about it. It sounds rude and unprofessional response?

[toni112007]

http://3dhistory.de/wordpress/historical-film-footage/

So this site is claiming this footage is PUBLIC. Now I dont even know. Either way Artworks replied to my dispute of claim and I will recieve notification of result from Youtube in day or two. Imagine if they sue me .

[toni112007]

Sorry for the late reply here, but firstly I would be rather surprised if this company owned the copyright, usually such companies pay museums for the right to include such footage in their films, so maybe watching the credits of their video may give you an idea of where they got the footage from, as if they only have a license to include it in their film they own no copyright in the first place. Secondly, there is always the 'fair use' category so it could be worth appealing there depending if you had added anything to the video such as commentary, where anything you added can be said to alter or add to the content. This is an odd category, but one many YouTubers use, as even videos with nothing at all added have cleared this hurdle just on the title an uploader has used. It is a very specialised field but you may find someone to advise you - the best known 'YouTube' contributor who is an actual lawyer is Leonard French who often comments on famous cases of this type so it might be worth messaging him for some guidance? This is his site; https://www.youtube.com/user/ljfrench009

Another way forward for you would be to write directly to the company and ask them where they obtained the footage, maybe using a different name as they may not reply to someone they have issued a copyright strike against. If they do indeed own it, they might offer to allow you to use the footage for educational purposes etc, so asking them would be reasonable for a person looking to avoid a strike. Obviously, if they themselves do not own the copyright, they may point you in the direction of whoever does own it, coincidently notifying you their copyright strike against you was in itself fraudulent. Alternative ways would be to contact somewhere like the Imperial War Museum in London and ask them about the footage and see if they can tell you who owns it. I used to correspond fairly frequently many years ago with Alan Wakefield who was the curator of photographic images there. He always used to be a very helpful chap, so I would suggest starting with him, as given his previous role he should know or be able to put you on the right track. The National Maritime Museum Greenwich would be another place to ask, as they too are usually willing to give basic advice such as where the film is owned or how to find out who does own it, even if they will not, and cannot advise you on legal matters or encourage you to use film you do not have a copyright license for.


A third way to go would be to ask on the website KM Bismarck and the HMS Hood Association websites as they are some of the most detailed sites on any ships online, very little about either ship would not be known be the members there, so knowing where the original film is now and who owns it is probably something one of the members there will know for sure.

http://www.kbismarck.com/

http://www.hmshood.com/

Thanks for long reply! I did send message to kbismarck after reading this! This helped alot, thanks!

[Waleed Y. Majeed]

Very interesting subject.
The "Bordkammeradschaft Prinz Eugen (BKPG)"
seem to own the original footage.
So could the problem be:
Who scanned/digitalized the original
Agfa film and who was given permission
to make it public, if owned by the above
mentioned veterans group.

For the "rude" reply in German by
"History Films". It is very unprofessional
in my opinion, especially when their own
site has an ENGLISH! contact form...
http://3dhistory.de/wordpress/contact/
I'm considering writing to them myself.
Maybe enough contacts from us would
make them considering replying in enlish
too!

Maybe the direct way to the veterans
would be the best way to clear the problem.

Looking forward to reading the follow-ups
and hoping you get through it "unsued".

w

[Terry Duncan]

Thanks for long reply! I did send message to kbismarck after reading this! This helped alot, thanks!

Hope you get this sorted, but false copyright strikes on YouTube are rather common, though usually less so on historical film footage - music and film clips are the main areas. Sadly it seems the company are not exactly friendly, so I will say there are certain workarounds that can be employed under the 'Fair Use' clause. However, if as others have said, the copyright is actually owned by a veterans group, this company cannot issue a copyright strike themselves if they only have a license, because the only people able to do so are the actual copyright owners themselves. They could ask the veterans group to issue one, but they are overreaching to do it themselves. PM me and I can go over a few things that will usually allow you to upload the film under 'Fair Use', as this isnt really the place to go into details.

[Waleed Y. Majeed]

Found this site with name of cameraman, producer and copyright information too.
Again the veterans group is mentioned as
owners of the original.
When requesting a copy I am redirected
to "Bundesarchiv-Filmarchiv" contact info.
Does this help in solving the question(s)?

Here's the site link:
http://www.filmarchives-online.eu/viewD ... nt_tab=eng

and contact info page too:
http://www.filmarchives-online.eu/conta ... filmarchiv

w

[toni112007]

Since this is finally over, I guess I can share update with you guys. Youtube made my video public again. I guess their copyright claim was invalid after all!!! But now some daredo Gmbh monetizes this video, idk why. Well, at least video is available again!