Defined | Kunal Kamra hits out at T-Sequence over ’copyright strike’, are his ‘Tremendous Thanks’ donations protected?

Hours after T-Sequence reportedly despatched a copyright strike on the video by slapstick comedian Kunal Kamra, which he used as a reference to hyperlink Maharashtra Deputy CM Eknath Shinde as “gaddar” (traitor) in his newest YouTube video ‘Naya Bharat’, the comic took to X and hit out on the music large asking them to ‘cease being a stooge’.

Taking to X, Kunal Kamra wrote, “Hey @TSeries, cease being a stooge. Parody & Satire comes beneath honest use Legally. I haven’t used the lyrics or the unique instrumental of the tune. In the event you take this video down each cowl tune/dance video will be taken down. Creators please take a notice of it (sic).”

Including extra, he wrote, “Having mentioned that each monopoly in India is nothing wanting the Mafia, so please watch/obtain this particular earlier than it’s taken down.”

Based on the main points, Kamra uploaded the 45-minute-long video on 23 March, which was allegedly blocked as a consequence of copyright strike.

Kamra had used songs from ‘Dil Toh Pagal Hai’ and different movies in his satire on Shinde and different ruling occasion politicians.

Following the video was uploaded, outraged Shiv Sena employees stormed The Habitat studio in Mumbai, the place the stand-up occurred.

Even after being requested by Shiv Sena employees to apologise for his remarks, Kamra refused to take action, saying, “So far as I do know, it isn’t in opposition to the legislation to poke enjoyable at our leaders and the circus that’s our political system.”

Later, reacting on the incident, Shinde mentioned in Maharashtra meeting, “Freedom of speech is there, and we perceive satire, however there ought to be a restrict.”

What’s copyright strike?

Based on Google Assist, a copyright strike on YouTube is a warning which states {that a} video violates copyright legislation and has been requested to be eliminated by the copyright proprietor. YouTube removes the video if the request is legitimate.

What does YouTube copyright strike polices say?

Beneath the ‘Tremendous Thanks Insurance policies’ by Google Assist, it says, as quoted by News18, “Collaborating creators (and MCNs) should settle for and adjust to, YouTube Phrases of Service; YouTube Group Tips; YouTube channel monetisation insurance policies; all insurance policies that apply to YouTube fan funding options, together with the Commerce Product Module; and all relevant legal guidelines as required by YouTube’s Phrases of Service. Cash you get from Tremendous Thanks could also be handled in another way based mostly on legal guidelines that apply to you and your actions.”

Not solely this, however the YouTube insurance policies even state that Tremendous Thanks isn’t a crowdfunding or donation instrument. “You’re answerable for understanding and absolutely complying with all relevant legal guidelines,” the Google Assist FAQs learn.

Google, which owns YouTube, additionally states in its insurance policies that ‘Tremendous Thanks’ just isn’t obtainable for all these long-form movies and Shorts:

a) Age-restricted and unlisted movies

b) Personal or made for teenagers

c) Lengthy-form movies or Shorts with content material ID claims

d) Lengthy-form movies or Shorts with YouTube giving fundraisers

e) Reside streams or Premieres, whereas stay

f) Lengthy-form movies or Shorts with feedback turned off.

Will Kunal Kamra lose his ‘Tremendous Thanks’ donations?

Although being allegedly blocked as a consequence of a copyright strike, difficulties might come up for Kamra if takes down the video. Based on specialists, cited by News18, Tremendous Thanks donations are withheld in these circumstances.

King Stubb & Kasiva, Advocates and Attorneys MD – Jidesh Kumar – famous to News18 that the donations are often not refunded and will stick with YouTube if the video is completely eliminated.

A content material creator mentioned that if one will get already paid for previous Tremendous Thanks earlier than the strike, that cash is protected. However the creator loses the cash if the video will get deleted as a consequence of a copyright strike earlier than your cost cycle ends.

So on this case, if Kamra has acquired the ‘Tremendous Thanks’ earlier than the copyright strike, his quantity is protected. However the ‘Tremendous Thanks donations’ stays unsure if the quantity got here in the course of the cost cycle of the strike.