Claim

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Docket number: 23-CCB-0166
Filed date: 05/11/2023 02:06 PM EDT

United States Copyright Claims Board

Pedro R Castro, Ramiro M Castro
Claimant
V.
Robert L Hines
Respondent

Claim

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A claim for infringement
A claim for a declaration of noninfringement
A claim for misrepresentation under 17 U.S.C. 512(f)
No
Pedro R Castro
Encino, CA

Authorized representative information

Kristopher M Di Giovanni
Weiss & Di Giovanni, LLP
kdigiovanni@wdgcalaw.com
310-897-5225
6871 Valley Circle Blvd.
Ste. 2
Los Angeles, CA 91307
Ramiro M Castro
Los Angeles, CA

Authorized representative information

Kristopher M Di Giovanni
Weiss & Di Giovanni, LLP
kdigiovanni@wdgcalaw.com
310-897-5225
6871 Valley Circle Blvd.
Ste. 2
Los Angeles, CA 91307
Robert L Hines
Jones' Good Ass BBQ & Foot Massage
Pedro Ramiro Castro; Ramiro Mauricio Castro
Yes
SR-956-701
03/10/2023
Sound recordings
Jingle for a fake comedic local commercial
Jones Good Ass BBQ & Foot Massage
Pedro Ramiro Castro; Ramiro Mauricio Castro
Yes
PA-2-392-034
01/20/2023
Motion picture and audiovisual
Comedic fake local commercial video
For sound recordings, publicly perform the work through digital audio transmission
Reproduce the work
Yes
10/26/2022 - Present
Mr. Hines improperly registered a copyright for the same sound recording [registration #SR-945-549] under the title, "Jones BBQ and Foot Massage" - The sound recording was created specifically for the comedic video. Also, Mr. Hines repeatedly either publishes the original recording or sings it on his multiple social media platforms (e.g., FB, TikTok, Twitter, Instagram, etc.).
Mr. Hines improperly register a copyright to the song featured in the video that he holds no copyright in. The copyright owners have an agreement with Mr. Hines, who appears as the main talent in the video and actually sings the song, where Mr. Hines agreed to assign all copyright and intellectual property rights in and around his performance in the video to the copyright owners.
No
The claimants have experienced reputational harm due to Respondent continuously attacking/harassing/bullying/defaming the claimants regarding the copyright and asserting that he has a valid copyright and that the claimants are infringing on his improperly registered copyright. The claimants are seeking the maximum statutory damages allowed for copyright infringement and the revocation of Respondent's improper/faulty copyright registration.
Jones BBQ and Foot Massage
Robert L. Hines
Yes
SR-945-549
10/26/2022
Sound recordings
Jingle for a fake comedic local commercial
Reproduce the work
Yes
04/16/2009 - Present
Respondent claims that he owns the copyright to the initial song that the viral YouTube video opens with.
Respondent is claiming that the actual production of the video that includes the song opener, which he wrongfully claims he owns the copyright to so his asserting the infringement occurred when the video was first created.
None
Respondent is the main talent in the video ("Jones' Good Ass BBQ & Foot Massage") that contains the song/jingle and prior to performing as the main character in the video, he entered into a talent agreement with the claimants that contained work-for-hire and copyright/IP right assignment provisions that covered his entire performance in the video. Therefore, the Respondent does not have any copyright ownership in any part of the video, including the song/jingle at the beginning and he improperly claims the claimants' do not own the copyright to that portion of the video and he improperly registered the copyright for the song/jingle.
As stated above, no infringement has occurred because the Respondent is not the copyright owner of the copyrighted material, the claimants own the copyright to the video and the song/jingle contained within the video. Even for argument's sake, the Respondent did create the song and he in fact sings the song in the video, he entered into an agreement with the claimants assigning all copyright into his performance (including the song/his singing) to the claimants. Therefore, his improper copyright registration should be revoked and the claimants are not liable for copyright infringement as repeatedly stated by the Respondent.
Robert L. Hines
YouTube
03/28/2023
[DIRECT CONTENT OF THE TAKEDOWN NOTICE FROM YOUTUBE] Due to a copyright takedown notice that we received, your video will be taken down from YouTube in 7 days: “Jones' Good Ass BBQ & Foot Massage - *the Original Commercial” Video title: Jones' Good Ass BBQ & Foot Massage - *the Original Commercial https://www.youtube.com/watch?v=WPkMUU9tUqk Delayed takedown issued by: Robert L. Hines (comicrobb@gmail.com) Robert L. Hines wants to give you an opportunity to resolve your copyright issue before your video is removed and a copyright strike applied. VIEW OPTIONS What to do next Do nothing. You can wait for the takedown to take effect in 7 days. At that point, the video will be removed and a copyright strike will be applied to your account. Delete your video. If you remove your video before 7 days are up, your video will be off the site, but your channel won't get a copyright strike. Reach out to the content owner who's requesting the removal of your video. Sincerely, The YouTube team
Yes
Claimant (Pedro Castro)
YouTube
04/04/2023
Thank you for your counter notification. It has now been forwarded to the claimant that submitted the copyright removal request. Now that the counter notification has been sent to the claimant, they have 10 US business days from this date to respond. The claimant must respond with evidence that they’ve taken legal action against you to keep the content at issue from being reinstated to YouTube. You can learn more about what legal action the claimant must take in our Help Center. After 10 US business days, if we don't get a response from the claimant, your content will be reinstated to YouTube. Also, the associated penalties on your channel will be cleared. Keep in mind that a counter notification is a legal request. As a result, YouTube must process the counter notification in accordance with the law. This process can take some time, so we kindly ask for your patience during the process. When there are updates on the status of your counter notification, we’ll reply to this email to let you know. You can also check the counter notification's status in YouTube Studio. In the meantime, if you have any more information you want to share with us about your counter notification, you can reply directly to this email. - The YouTube Team Counter Notification as follows: Videos included in counter notification: http://www.youtube.com/watch?v=WPkMUU9tUqk Display name of uploader: bigdogeatchild We are the registered copyright owners and control all the rights to the video. US Copyright Registration Number: PA 2-392-034 I swear, under penalty of perjury, that I have a good faith belief the material was removed due to a mistake or misidentification of the material to be removed or disabled. I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which YouTube is located, and will accept service of process from the claimant. Pedro Ramiro Castro
Yes
Respondent falsely claimed the claimants' video was infringing upon his copyright in order to have YouTube temporarily takedown the video that contained Respondent's improper/unfounded alleged copyright.
The claimants have experienced reputational harm due to Respondent continuously attacking/harassing/bullying/defaming the claimants regarding the copyright and asserting that he has a valid copyright and that the claimants are infringing on his improperly registered copyright. Also, the Respondent's takedown request temporarily removed the claimants' video from YouTube and stopped its ability to be monetized through advertising. Claimants' seek the maximum statutory damages allowed and a revocation of Respondent's improper copyright.