Shogakukan doing a copyright claim against a Rockman 8 AMV?

[Toshio]

Hello, guys!
I've recorded a video footage of Rockman 8 intro and swapped the music with Astro Boy 2003 intro "True Blue".
So, I got a notification saying that I was using content of Sony Pictures, but it would not cause changes in my account.
However, I checked my account and I got a copyright claim from "Tales of Megaman".
Which is weird, because footages from Video Game introductions should be completely fine. Also, I read the video was removed by Shogakukan Production for copyright violation, however as far I can see they only have copyright in Rockman Exe anime and Rockman 8 is a video game which existed long time before that anime was aired.
What I should do?

[Deathbringer]

You can try contesting it. I have no idea what the hell Tales of Megaman is nor why they would even have a claim (if it came from Capcom that would be another story). And technically the Rockman 8 cutscenes were done by a studio named Xebec that also did the EXE anime so they may be claiming a violation by extension.

[Toshio]

You can try contesting it. I have no idea what the hell Tales of Megaman is nor why they would even have a claim (if it came from Capcom that would be another story). And technically the Rockman 8 cutscenes were done by a studio named Xebec that also did the EXE anime so they may be claiming a violation by extension.

It is strange that Shogakukan Productions would ONLY do a claim in my video and they don't have rights in the games for what I read and neither are taking down other Rockman 8.
By the way I read they're doing claims in Rockman X videos, regardless if it's not associated with them.
Something fisshy is going on.
That's the first time which I'm flagged for an video game AMV.
For what I read, Capcom consider video-game footage as fair use and Xebec only helped with the cutscenes which make odd any copyright claim in such AMV.
I read they own Tetsuwan Atom, but my video was mainly flagged due the "Rockman 8" title.
There is an AMV which I did which is a swapped music of Tetsuwan Atom 2003 with the song "Electrical Communication", but Shogakukan don't made a claim on said video.
That's what I got from the flagged video:

[PatientZero]

Happens all the time, the issue is whether they own all the right to make that claim or not, you own none of the rights.
Also, if you're not aware, the vast majority of these claims are handled by an automated system, no automated system is perfect which is how so many videos still slip through.

AMV's are almost always in very clear violation of copyright, the fact that it's being contested over possibly the wrong copyright doesn't make any difference since you don't own any of the content yourself anyway.
Legally speaking you don't have a leg to stand on, really your only option is to chalk it up to experience I'm afraid.

[Toshio]

Come to think about, video game footages aren't meant to be any copyright violation. They did it as if I had gone to their site and robbed the video and changed.
I captured it from my copy of the game and Shogakukan's automated system may have mistook with the anime.
I suppose it's a fake copyright claim since they little have with the games.
Xebec only helped with the anime cutscenes, but it's a minor play since Capcom is the one who own the game.
Anyway, youtube is turning into a waste of time... I barelly got that copyright strike and my rights for uploading longer videos are gone.

[TomGuycott]

Really it is a violation of copyright. You removed the footage from its intended use and posted it elsewhere without permission. Not all companies are as big sticklers as that, but you have to expect something like that.

Anyway, saying that Xebec should only be a "minor play" because Capcom made the game is kind of silly. They made the cutscene and likely have some form of contract with Capcom to DO it. Why wouldn't they have a right to make a claim?

[Toshio]

Really it is a violation of copyright. You removed the footage from its intended use and posted it elsewhere without permission. Not all companies are as big sticklers as that, but you have to expect something like that.

Anyway, saying that Xebec should only be a "minor play" because Capcom made the game is kind of silly. They made the cutscene and likely have some form of contract with Capcom to DO it. Why wouldn't they have a right to make a claim?

The copyright claim is fake, Studio Xebec is not affiliated with Shogakukan at all.
I've searched more info and anything which is related to Rockman 8 is suffering strikes from Shogakukan regardless if is just video game footages or cutscenes.
Shogakukan ONLY have rights in Rockman Exe/Megaman NT Warrior animated series, they don't have anything with the games of the original Rockman series.

[Rhyme]

Really it is a violation of copyright. You removed the footage from its intended use and posted it elsewhere without permission. Not all companies are as big sticklers as that, but you have to expect something like that.

Anyway, saying that Xebec should only be a "minor play" because Capcom made the game is kind of silly. They made the cutscene and likely have some form of contract with Capcom to DO it. Why wouldn't they have a right to make a claim?

The copyright claim is fake, Studio Xebec is not affiliated with Shogakukan at all.
I've searched more info and anything which is related to Rockman 8 is suffering strikes from Shogakukan regardless if is just video game footages or cutscenes.
Shogakukan ONLY have rights in Rockman Exe/Megaman NT Warrior animated series, they don't have anything with the games of the original Rockman series.

Shogakukan is the publisher... Nintendo can take down a Pokemon video because Nintendo published it; Game Freak doesn't have to be the one to file the complaint.

Also might be a possibility that the opening cutscene you used is from the anime.. Never saw the anime or the cutscene, soooo then i read the part that says the game was before the anime.

even if it is a bogus claim theres not much to be done about it - that's one of the faults of YouTube. in order to counterclaim you have to give all of your info to the claimee (which could be a fake person standing under the Shogakukan title trying to dox you for whatever reason) and Google.

[PatientZero]

even if it is a bogus claim theres not much to be done about it - that's one of the faults of YouTube. in order to counterclaim you have to give all of your info to the claimee (which could be a fake person standing under the Shogakukan title trying to dox you for whatever reason) and Google.

To be fair that's not much of a fault, you are violating copyright regardless of who's making a copyright claim, if you point blank don't have any kind of permission to copy, modify or upload any of the material you put up it's about as clear of a copyright violation as you can get.

You are in a completely indefensible position here, even if you somehow could prove that the people making the copyright claim are not the right copyright holders, your video is still against the TOS to begin with.
Basically you can either let it go or to draw more attention to the fact that you're using other peoples work without permission, your choice.

[Rhyme]

even if it is a bogus claim theres not much to be done about it - that's one of the faults of YouTube. in order to counterclaim you have to give all of your info to the claimee (which could be a fake person standing under the Shogakukan title trying to dox you for whatever reason) and Google.

To be fair that's not much of a fault, you are violating copyright regardless of who's making a copyright claim, if you point blank don't have any kind of permission to copy, modify or upload any of the material you put up it's about as clear of a copyright violation as you can get.

You are in a completely indefensible position here, even if you somehow could prove that the people making the copyright claim are not the right copyright holders, your video is still against the TOS to begin with.
Basically you can either let it go or to draw more attention to the fact that you're using other peoples work without permission, your choice.

no I meant it's a fault because you can literally file a claim without even being associated with that company. in that sense you're legally breaching some contract somewhere. most companies have something along the lines of "any false written or verbal claim to a position in the company, attempt to solicit money due to a false position" (Microsoft does - or used to) etc etc but people can literally just file a complaint and they dont have to show proof they're associated or anything.

and the fact *you* have to give all of your information in return is a really flawed system. copyright claims like that should only be done if both parties have to give information. i really don't like the idea that anyone can make a claim and get all of your info

[Toshio]

Well, upon further research I've learned that ShoPro ONLY have rights over the Rockman Exe (Megaman NT Warrior) and Ryusei no Rockman (Megaman Star Force).
Not just that, but studio Xebec which helped with Rockman 8 animated cutscenes is not owned by Shogakukan Productions themselves and instead Production I.G

I have tried to find the web "Tales of Megaman" which was the reason of said copyright infringiment and it apparently doesn't exists.

I've did another counter-notification citing that Shogakukan doesn't even own Studio Xebec to have the right to put a claim in Rockman 8 videos or even Rockman X4 videos which Studio Xebec also helped with the cutscenes.
I'm not sure if is a failure of their automated system or a miss identification of themselves, however I hope to have my copyright strike removed.

Capcom themselves don't care so much about video footages of their games and Shogakukan is not listed anywhere in the credits of Rockman 8 video game and neither any official source related ot the classic series which is pointless for them making copyright in something which they don't own.

[Cshad]

But it's not yours to begin with.

So why is this so important?

[PatientZero]

I don't get how this is even still an issue, but I guess it needs to be put in black and white.

On the one hand the copyright claim might be wrong, that's a bit mean if they're telling a fib, gosh.
On the other hand, you're literally breaking the law.

Which do you think is a bigger issue?
(here's a clue: they will ban your account.)

[Toshio]

Good news:

I won against Shogakukan and my video is back:

http://www.youtube.com/watch?v=2ROMnnyNiLQ

Hi there, In accordance with the Digital Millennium Copyright Act, we've completedprocessing your counter-notification regarding your video: http://www.youtube.com/watch?v=2ROMnnyNiLQ This content has been restored unless you have deleted the video(s). Youraccount will not be penalized. Regards, The YouTube Team