DJ Sues UMG, Sony Music for DMCA Violations After YouTube Removes Channel
Fraudulent takedown notices sent to YouTube by Universal Music Group, Sony Music and other labels led to the termination of DJ Erik Mishiyev’s YouTube channel, causing the pro se plaintiff to lose “all his hard work,” alleged Mishiyev's complaint Monday (docket 8:23-cv-01942) in U.S. District Court for Middle Florida in Tampa.
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The fraudulent Digital Millennial Copyright Act takedown notices sent to YouTube by defendants UMG, Sony Music, The Orchard Music, YT Rocket, Ingrooves, ODMedia Network and Violent Music BV included Mishiyev’s logos, face, voice and copyrighted original music he produced, the complaint said. Defendants were able to effect the takedown due to a “loophole” in YouTube’s counter notification process, “which allows any person to claim to be representing any rights holder in the world for the purposes of issuing a DMCA takedown, said the complaint. “This could even be done by a jealous or envious competitor who also has a YouTube channel,” it said.
YouTube is the “biggest and best” platform for self-employed independent artists and musicians to get exposure, sell their products and earn advertising revenue for their YouTube views and subscribers, said the complaint. Mishiyev, one of the first DJs on YouTube, operated two channels as DJ Short-E and The Short-E Show, it said. He spent 10 years building up his YouTube following, he said. Before termination, Mishiyev’s channels had over 100 million views, and he earned over $310,000 in ad revenue from his videos, the complaint said. Due to defendants’ actions, he lost his income, his reputation was “defamed,” his credit score was “ruined” and he was forced to file for Chapter 7 bankruptcy, it said.
UMG and the other defendants “routinely targeted” Mishiyev of Hillsborough County, Florida, with takedown notices based on allegations the content he posted"somehow violates copyright laws," but they allow other YouTube users the ability to post the same type of content “without penalty,” the complaint said. The plaintiff argues "any material in question is covered by the Fair Use doctrine." Defendants caused him to lose over 500 videos that “had nothing to do with” them, it said.
Defendants violated Section 512(f) of the DMCA by filing false takedown notices against Mishiyev, the complaint said. Under the statute, the copyright holder must have a good faith belief that use of the material involved is not authorized by the copyright owner, its agent or the law, the complaint noted. Mishiyev asserts claims of misrepresentation under the DMCA, intentional interference with business relations and violation of Florida’s Unfair and Deceptive Trade Practices Act. He seeks compensatory damages and reasonable attorneys’ fees and costs.