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I have developed an iOS app that acts as a YouTube Client using the official YouTube API. I've been very care to ensure that my app complies fully with the YouTube API ToS (https://developers.google.com/youtube/terms). For example my app does not save/cache data from the API and no data is sold.

However I have recently received a request from the RIAA (I am based in the UK) that my app infringes copyright laws and I must remove my app from the App Store. However as my app complies with YouTube's API ToS and YouTube complies with the DMCA's safe harbour policy am I right in saying that I do not infringe copyright laws?

  • Have you ask them how exactly (what paragraph of what particular law and why) do they consider you infringe and why don't they ask Google (who runs YouTube) to stop offering the feature as a part of the API or allowing the particular usage of it in the YouTube API ToS? – Ivan Dec 15 '15 at 4:38
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Claims to copyright infringement must state what has been infringed so that it can be removed.

Respond to them and ask where and how you have committed copyright infringement.

The ball lies with them to prove you have infringed, not you to prove you have not.

[I'll add citations later]

  • I've responded asking where exactly I have committed infringement so I will update when I hear back. It's good to know that they must prove to me. Interestingly the official RIAA website points to link which states that YouTube API usage is permitted if you comply with YouTube's ToS. – Josh Dec 15 '15 at 14:14
  • It did seem odd that they didn't state a breach of ToS to be honest. They is the route companies usually go. – Terry Dec 15 '15 at 14:17
  • Still no response but if they find that I am breaching the YouTube ToS, surely that agreement is between myself and youtube. Thus until YouTube revoke my access to the API the agreement still holds? – Josh Dec 15 '15 at 16:12
  • Can you give us the wording they used? – Terry Dec 15 '15 at 16:15
  • 'We are writing to notify you of the copyright infringement of sound recordings and/or album cover artwork that is being facilitated by this application for iOS-based devices which is distributed on the iTunes App Store operated by Apple.' is all the contact I've had – Josh Dec 15 '15 at 16:24

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