isn't thomas the tank engine public domain?

Author Topic: isn't thomas the tank engine public domain?  (Read 5212 times)

While using someone's cover of a free domain song can be struck, the guy cannot strike if you use the original. I think this is youtube's bot messing up again.

I would love to dispute this however the options youtube gives me does not give me a plausible way to dispute this.

Not even an "other" category letting me explain for myself.

robots are the future am i right guys haha

Youtube has a bunch of options you can take.

One of them is literally "I do not have this video monetized" so when you click on that option youtube tells you to go forget yourself and that the video can be hit with copyright strikes regardless.

So why even give me that option?

Assuming you're just playing it in the background of something else you're doing or putting the theme to your own visuals, it should most likely count as transformative under Fair Use regardless of who owns the copyright to the song.  The current copyright holder to Thomas the Tank Engine and his theme is Hit Entertainment, owned by Mattel.

You can appeal copyright claims on your videos in your video manager, after which the copyright holder has 30 days to retract its claim or deny your appeal.  Should your appeal be denied and you still believe that the claimant doesn't own the copyright they're claiming from your video, you can file a counter-notification with Youtube.  Even if you're still using copyrighted work, you should be able to file a counter-notification for false claims if the claimant isn't the real copyright holder.