Yngwie Malmsteen claims copyright infringement on drawing of himself.

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#1
UPDATE 8th JANUARY 2012: VICTORY, THE VIDEO IS LIVE:

http://www.youtube.com/watch?v=lUBhD3XMvJ0



Ok so here is the story in a nutshell:

Yngwie malmsteen, has issued a DMCA copyright infringement takedown notice against a video I recently uploaded on youtube, as a result YouTube automatically remove the video and email you that it's been removed:

You are essentially guilty until proven innocent. Which is unfair.

Now here's the real clincher!

All the video contains is a recording I made of my right hand drawing a cartoon image of Yngwie Malmsteen in my room. No music apart from a cheesy silly intro which I made.

It doesn't take an experienced solicitor to realise that there is no copyright infringement going on whatsoever.

Here is a thumbnail from the video: you be the judge!




The only way I can get the video back online is if I file a counter-notification which involves me providing Malmsteen Management of my full name, address, telephone numbers, solicitor details etc.

Something that I do not feel comfortable doing.

So let me know what you think, It's kinda messed up right?

EDIT: I'm going to fight this thing, it's 3am here, if anyone here has any legal know how they can PM or post here, thanks. This could get ugly.

UPDATE: 08/12/2011

Update:

I've went away and did my homework on this.

Malmsteen MGMT issued a takedown notice against my video under the DMCA "Digital Millenium Copyright Act".

As a result the video was disabled by YouTube.

A DMCA takedown notice is a legal claim by the person issuing them that they own the copyright or that their copyright is infringed.

It is illegal to file a DMCA takedown against material to which you do not have a valid copyright claim.

It is possible to sue a person who has filed such a claim under section 512 of the DMCA; and this entitles the plantiff to damages and more importantly solicitor fee's.

If the defendant has no assets you may get an injunction against the defendant preventing them from filing further DMCA's.

Whilst "Yngwie Malmsteen" is a trademarked name, which prevents the selling of merchandise with his name on it without written consent.

No where in my video do I ever reference the word "Malmsteen".

He does not own copyright to either the Video or Audio and as a result filing a false DMCA is committing perjury which is quite serious in the eyes of the law.

He tried to censor a video he did not like by quite frankly abusing a heavyweight legal instrument, and he will have to face the consequences.

MY AWARENESS VIDEO HAS WENT LIVE!

http://www.youtube.com/watch?v=5fDsZWq5Yu4


UPDATE 10/12/2011

Malmsteen management have taken down my response video! Unreal!
Last edited by adam02 at Jan 8, 2012,
#2
Yngwie is an absolute joke and always will be.
dirtbag ballet by the bins down the alley
as i walk through the chalet of the shadow of death
everything that you've come to expect


#4
Quote by UntilISleep
You have excellent taste in literature, dear sir

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You have excellent taste in video games, good sir.

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You have terrible taste in signatures, idiotic sir.

kkoo
#5
On the bright side, you can say you've been sued by a guy who used to be mildly famous.
#12
You're actually being sued by yngwie malmsteen? Over a picture? wow. All I can say is lay low for a while man. Go under the radar or some shit.
Just a sub-par guitar player..

Quote by darkstar2466
Let's make this the Pit's motto:

"Forever alone, together"



IS THIS FREEDOM, OR CONFINEMENT?! FREE MOSCOE_ESPANOL!!!
#13
Just don't give them any info. It's a freaking video.
You are now using UG Black.
You are now using UG Classic.


Listening to: A bunch of forced listening by my composition teacher... some great stuff by Bach, Haydn, Mozart, Schubert, Liszt...


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#15
Quote by son_of_bodom
You're actually being sued by yngwie malmsteen? Over a picture? wow. All I can say is lay low for a while man. Go under the radar or some shit.

Don't do this. Go the complete opposite way:
I want to see your face on every current affair show that will have you.
RIP Gooze

cats
#16
Just send him a box of donuts and a nice letter:

"Dear Mr. Malmsteem,

Please accept this box of divine pastries in exchange of a video uploaded where I nail a cartoonist drawing of your fat self-mother****ing-ish ego."
#17
Malmsteem must think of himself highly for taking that down.
Quote by Axelfox
Reeeeeeeeeeeeeeee

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I also have to do that. Cottaging this weekend
#18
its been a while.....
Gonna make the mountains be my home....

"A box of rain will ease the pain and love will see you through"-Robert Hunter
#19
Guys careful. He might sue you for mentioning/saying his name.
To be vulnerable is needed most of all, if you intend to truly fall apart.


Quote by due 07
You have no idea how much I don't want to tell stories about my mother's vaginal slime on the internet.


I make music sometimes.
#20
Malmsteen, eat a doughnut and calm the fuck down.
I like St. Anger. Ridicule me, daddy

Quote by ErikLensherr

REEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE
#21
Oh crap, I share the same birthday as Mr. Malmsteen here... I should go call my lawyer.
I pride myself on my humility.
#23
Quote by mtshark
Oh crap, I share the same birthday as Mr. Malmsteen here... I should go call my lawyer.


You won't win, because it will turn out that YOU have the same birthday as him, implying a lawsuit to be filed against you.
#24
Quote by DarkTom666
You won't win, because it will turn out that YOU have the same birthday as him, implying a lawsuit to be filed against you.

Oh I know, I mean to seek early legal protection.
I pride myself on my humility.
#28
Yngwie's probably too bored sitting on all the cash he got from angsty 13 year-olds who listen to him because he picks like a bitch, not because of the music.


Or maybe he's new to Youtube and the relevant laws and assumes that "copyright infringement" means using his name in a sentence or title?
#29
You should've drawn something more flattering, TS.


For example:




XBOX LIVE Gamertag: Jazz Funeral
Currently killing with The Nunts crew in Max Payne 3

Quote by Weaponized
ON LIGHTNING.
#32
Quote by CV334
Yngwie's face when he gets a box of donuts as an apology for a caricature:

http://www.youtube.com/watch?v=gPmSdTVXsdU

1:51, specifically.

Immediately followed by intense nomming.





God, he's such a fat twat.
dirtbag ballet by the bins down the alley
as i walk through the chalet of the shadow of death
everything that you've come to expect


#33
Quote by Jazz Funeral
You should've drawn something more flattering, TS.


For example:





THIS IS FANTASTIC!

Thank you. Just...thank you.
#35
Quote by 'Leviathan'
Whoa, I just realized who TS is. I love those tr00ch videos.


Holy shit. It is that guy.

He's pretty much famous.
#37
Quote by Jazz Funeral
You should've drawn something more flattering, TS.


For example:






That's awesome!
"You're not hardcore unless you live hardcore"
#38
Uploaded it on porn websites. lololol

but yeah, say hello to new lars.
[img]http://cdn.gs.uproxx.com/wp-content/uploads/2012/05/v.gif[/img]
#39
It probably wasn't actually from Malmsteen or someone officially affiliated with Malmsteen. I doubt his sausage fingers would let him use a keyboard.