creative-commons dmca
Abuse of DMCA for content licensed under CC BY and recourse
<p>There was a video of a county's legislative session posted by their authorized film company posted on YouTube under <strong>CC BY</strong>. A guy then downloaded it and reposted it on his YouTube channel with <strong>attribution.</strong></p>

<p>A few days later a representative of company, who made the film changed the licence, took down video on his own channel and contacted the guy who reposted the film and demanded takedown from guy's channel. He refused. Afterwards he sent DMCA and video got removed.</p>

<p>Now does the guy have any legal recourse for having to file counter notice and expenses occured or a right to punitive damages? Shouldn't have YouTube prevented a DMCA takedown if content was shared under a CC BY licence?</p>

<p>Can he also be sued for something as the guy whose video got taken down had a valid <strong>irrevocable</strong> licence and the copyright owner was obviously aware of that?</p>

<p>DMCA allows for a counter-notice. You can submit a counter-notice with a statement that you have a licence to distribute the content. Statements in the counter-notice about the facts relating to your permission to reproduce are under penalty of perjury.</p>

<p>You could also sue the content owner to attempt to get an injunction against future takedown requests and you could get costs (not punative damages) awarded under 17 USC 512(f).</p>
