Viacom is being proactive in protecting its materials. While it may appear they're just making work for their lawyers, from their perspective they're protecting the rights of their clients. When Viacom loses money through infringement, it represents a loss to writers, actors, and everyone else involved in a production.
Also, it's important to remember that fair use is not technically a right: it is an affirmative defense, which is something you use in court to say "yeah, but..." Whether a use is fair is only decided once and for all in the courtroom; everything else is conjecture. Fair use falls in the same category as the insanity defense.
Currently, the courts are putting a lot of emphasis on the notion of transformative use. If you're taking a piece of film originally intended as entertainment and making it into something else intended as entertainment, you're not transforming the work: you're just infringing (and therefore devaluing) the original work. But if you take a piece of film intended as entertainment and assembling it with other pieces of film to create social commentary, you've transformed it.
For example, posting a bunch of Donald Duck Cartoons or clips of Glenn Beck would be infringement. But the Donald Duck/Glenn Beck mashup "Right Wing Radio Duck" is certainly defensible under 17USC107: it adds a significant amount of creativity to transform the works into something new.
yes its bad if one of your youtube videos are deleted because they have been claimed copyright.
The copyright holder can file a DMCA claim against the violator, to get Youtube to either delete the video, or remove the soundtrack. YouTube has state-of-the-art technology that allows content owners to identify user-uploaded videos and audio comprised of their content, and choose what they want to happen when those videos are found. You can file a copyright notification using their webform. It also has a Content Verification program where you can submit multiple copyright notifications. The Content ID program allows copyright owners to identify user uploaded videos and decide whether they want to block or delete or monetize those videos. These tools have really helped YouTube and copyright owners fight copyright infringements or violations. If you remember the huge furore over the copyright issues filed by Viacom and the debates with the consortium of Japanese TV, music, and film companies really helped in making stricter and more effective copyright controls for YouTube.
Yes, if by claim you mean get songs taken down for copyright violation. Fat wreck chords has a distribution contract with Sony who are an open supporter of ACTA. If they do anything Sony doesn't like then they're cut off and fat mike loses money and we can't have that can we?
If you are not the creator of the work, you cannot claim copyright on it.
The system would check the dates of posting and note that the claim is fraudulent.
Copyright would not protect anything that long--the creator would need to live until 2935. They can, however, claim copyright on the phrase, and even without registering it, it could be protected for as long as it's in use.
To identify and remove a duplicate video on YouTube, you can use the "Content ID" tool provided by YouTube. This tool helps you find and manage duplicate videos by comparing the audio and visual content of videos on the platform. If you find a duplicate video, you can request to have it removed by submitting a copyright infringement claim to YouTube.
Unless other agreements have been made, the creator is considered the copyright holder.
You could always file a dispute. However, if the video you reacted to is from another youtuber who reported your video, you won't get it back since you didn't create that video.
You own the copyright on whatever you have made if it is original. This is thanks to something called the Berne Convention. The problem arises when you have to prove that you were the original author of this work. You can basically have to prove that you were the original author and you must have this backed up independently. Sending yourself a CD in the mail does not work, because it's not independent i.e. the CD is kept in your possession. You can register your copyright claim online using a service such as http://www.provemycopyright.com and they will independently back up your claim of originality.
Taking a video off of YouTube is your decision. If someone has requested your video be taken down for copyright or privacy, make sure you thoroughly consider the options to make sure that it is a legitimate claim and that you respect other peoples' request if it is true.
Gloomy Sunday will be protected through 2038; it is controlled by Warner-Chappell and Carlin America.