YoutubeCompendium
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hey own the copyright to. It's a statement about you in particular as the uploader of the work. It discourages YouTube specifically from associating or dealing with you via their copyright strike policy. The statement was obviously false, and as such didn't use any sort of reasonable care to determine the truth or falsity of the claim. The harm suffered is both to your reputation with YouTube (via copyright strikes), time and money spent as a result of the statements, and diverted advertising revenue. And the statements caused the harm because YouTube sent you a message explaining that this dispute caused a copyright strike and/or diverted advertising revenue.

Furthermore, in California, the defamation claim allows for punitive damages as well as monetary ones, if you can show that the defendant acted with "malice, oppression, or fraud". All three of these [appear applicable](https://www.justia.com/trials-litigation/docs/caci/3900/3940/). You'll also want to add in news articles to support your claim that this is "pattern or practice" common on YouTube, since this is a factor that can be considered when awarding punitive damages.

#Demand Letter
The first step is to have documented an attempt to resolve things without a lawsuit. This is a demand letter. You want to write things professionally, short, and to the point. What happened, when, what you want them to do about it. “You claimed this video on this date with an obviously false copyright claim. Retract this claim and pay me $500 by June 3rd, or I will sue you in small claims." Send it certified mail and retain the tracking info and a copy of the letter. Some of the time, this is where your process ends, as it's an expensive pain in the ass to be sued so sending you $500 or whatever is often far cheaper.

#The actual lawsuit bits
The most likely defense you'll face is a jurisdictional argument. The court doesn't consider it fair to haul basically anyone to rural North Dakota over a small claim - they have to have nexus there, some sort of operational presence.

If you sue in California, though, you have better odds of prevailing here. YouTube is famously headquartered in California, they do business with YouTube, and they lied to a California company about a California resident. It's very reasonable to handle disputes about the incident in California courts. Also, YouTube's [terms of service](https://www.youtube.com/static?template=terms) state that it's governed under California law (specifically in Santa Clara County).

Past that I only really have generic advice from listening to lawyers talk about stuff. Write professionally and to the point. Bring up facts and tie them to a legal theory and a narrative. You may want to submit news articles about the false-claim-for-cash phenomenon to show that this is an ordinary regular harm that these folks are dishing out for profit.

#Collecting and post-lawsuit

Winning the lawsuit doesn't automatically move money from the defendant to you. It gives you the right to use the legal system to pursue collection actions. What I think you'll want to do is garnish their advertising payments from YouTube, since you know YouTube is sending them money you have a right to.

You'll also want to send YouTube a certified letter to their legal department saying that civil court found these specific statements defamatory and false, and asking them to remove the claim and any associated copyright strikes. Again attach a date to this request, and maybe pay a lawyer to write this one.

#Postscript

There may also be a claim you could make against YouTube, but that's more likely to be a class-action that some enterprising lawyer will take up for personal profit (hint hint).

Small claims court will also issue subpoenas - legal demands for documents and testimony - that are a pain in the ass to comply with. You want to be a pain in the ass until and unless your wrongs have been righted. If the court agrees that it is equitable, this power can include getting incredibly important people to waste their day in court being involved in your dispute