Well, this is the first time in 9 years that this is happened to me. I submitted a dispute to SME about the usage of the song, Hooked on Polkas by Weird Al Yankovic. Knowing the fact that it's the only song by Weird Al Yankovic to be blocked in one country on Youtube (USA), this annoyed me to no end. Three weeks later, this happened:
I'm no expert at writing disputes but what I wrote down was something like this:
"I am only used 20 seconds of the song. According to the copryright law, it is under fair use to use a limited amount for any copyrighted material. What I am using is not the full song. If anything, what I am using will encourage the user to buy the full song, either by album or on Amazon and/or Itunes. Speaking of which, Amazon and Itunes allow 30 second free samples of songs. If just using 20 seconds of the song is not considered allowed then what gives them the right to just show 30 seconds of song freely? Also, I need to know the reason why this song is blocked in the USA. I need SME to email to me why they made this decision."
Maybe what I have writing was not the best thing to right but at the very least I'm using my own words on this rather than just copy and pasting this thing a lot of users keep using just to get rid of the claims (Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for -fair use- for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.) and unfortunately, they didn't help. A lot of people who did that still ended up being rejected.
This makes me wonder, how is Stephenie Lenz (the women who made the video about her children dancing to Prince's Let's Go Crazy: [link]
) is able to keep using 30 seconds of that song after submitting her dispute.
There is another option for this but it's more risky than before. Should I consider doing this?
If I just leave those two claimed videos as they are, they are still blocked in the USA. If I appeal the rejected claim again, it's a risk that the video will get taken down and I'll get a strike. But even if the other Hooked on Skylanders Polka videos get blocked in the US one by one, I still have an alternative link to them here:
Those who live outside the US can still view all 11 parts of the music video no problem (although I have heard that Article 13 has been revived and is worse than before)