Some Real BS

"HFV has no HFV. But somehow has 2 motorcycles" (hondasfordsvolvo)
06/03/2020 at 10:22 • Filed to: None

So if you fallow B is For Build you probably already know about this, but he just lost the rights to several of his videos, AND had this project car taken away.

He was building a 2015 Mustang, with a bout of a 67 Fastback. The problem was that he was using an Elenor Body kit, like Gone in 60 Seconds Elenor.

Well the company that owns the rights to Gone in 60 Seconds caught wind of it, and put a copy right claim into the videos because he was using the Elenor name, and then seized the car. I’m guessing the body kit was not a properly licensed one?

I really hope it all gets sorted out and he gets the car back, even if they seize the Elenor™ Body panels. He can always just put regular 67 Cobra parts on.

DISCUSSION (20)

MonkeePuzzle > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 10:34

B is for some real BS.
that’s his whole channel in a nutshell

facw > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 10:38

There’s something a bit off about this whole thing. Like companies can’t just seize stuff for copyright violations. They can sue him, and maybe get the car in a settlement, but companies can’t just take your stuff because they say it’s infringing. Police sometimes do seize counterfeits, but it doesn’t seem like that should apply here.

LongbowMkII > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 10:38

They’re Disney- like in their “defense” of the copyright. This happens every few years it seems. Really dumb move to keep referencing Eleanor.

TheTurbochargedSquirrel > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 10:42

I can see how they could exploit YouTube’s completely broken copyright system to claim the videos but how the hell do they have any right to seize the car?

HFV has no HFV. But somehow has 2 motorcycles > LongbowMkII
06/03/2020 at 10:46

Oh that’s how you speel that.

Yeah in retrospect it really was dumb, especially putting it in video titles.

haveacarortwoorthree2 > facw
06/03/2020 at 10:47

Yeah, something is wrong here. Particularly given that the build when all this happened doesn’t appear to have come anywhere close to being an Eleanor clone (I am just judging by pics, don’t follow the channel and haven’t watched the videos).

TheTurbochargedSquirrel > facw
06/03/2020 at 10:48

That’s what I was thinking. YouTube’s copyright system is broken enough that I can see how they would be able to claim the videos. I don’t know how they could do anything about the car itself beyond a cease and desist order.

TheRealBicycleBuck > facw
06/03/2020 at 10:48

I had the same concern. One of the articles said, “Which is how we wind up here, watching Chris Steinbacher of B is for Build explaining to viewers that his project has been canceled, scrubbed from his YouTube channel, and physically seized as part of the settlement with Halicki.”

In other words, he agreed to hand over the car to avoid being sued. He also didn’t lose his YouTube channel, he just removed the videos pertaining to the build.

If I had to guess, he agreed to this to avoid an expensive lawsuit.

TheRealBicycleBuck > TheTurbochargedSquirrel
06/03/2020 at 10:49

They didn’t have the right . It was part of his agreement. See my other comment: https://oppositelock.kinja.com/1843881729

dogisbadob > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 10:50

He should’ve set up shop in China :p

If he called it Ereanor, he could claim it to be a parody

facw > TheRealBicycleBuck
06/03/2020 at 10:58

That’s possible. If so, it seems like a mistake, he clearly has a strong case on two of the four fair use factors. He’s weaker on the other two, but with the car incomplete it would be tough for them to make an argument that he couldn’t satisfy though. A settlement to take down the videos (and not make more on the topic) might make sense , but handing over the car seems like overkill. I wonder if he’s concerned they’d just hit him with copyright claims repeatedly until he hit his three strikes and lost his channel complete. Youtube has much less due process than US copyright law.

Jim Spanfeller > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 11:03

At most, I’d say it’s reasonable for them to demand he remove the body kits, stop calling it Eleanor, and/or paint it a different color. Seizing the car is just absurd.

TheRealBicycleBuck > facw
06/03/2020 at 11:11

Copyright Fair Use is different from Trademark Fair Use. In this case, the use of the trademark “Eleanor” was neither nominative nor descriptive , thus was subject to trademark claim because he was using the trademark to make money through his monetized YouTube channel.

I agree that the videos could have been edited to remove references to “Eleanor” and that taking the car as part of a settlement was egregious. We don’t know about the negotiations that led to the settlement, so anything we say is purely speculation.

SBA Thanks You For All The Fish > TheRealBicycleBuck
06/03/2020 at 11:18

This sounds right... he shouldn’t have used the word “seized” if in fact it was part of a settlement agreement, or even a consent decree. If he ‘agreed’ to the resolution, then it clearly wasn’t a seizure.

gmporschenut also a fan of hondas > facw
06/03/2020 at 11:20

Problem is a large percent of the Youtube reviews are done through their site in the Philippines and India that you then have to appeal to their is office.

My bird IS the word > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 11:42

They really shouldn’t be able to legally sieze the car. He could have always settled that way. They could send him a cease and desist on sylistic grounds and calling it an elenor but most unless he tries to sell it it isnt really copywrite. They may be able to take the videos down, but that is it.

Mercedes Streeter > facw
06/03/2020 at 12:32

His problem was using the Eleanor name for his project on a monetized YouTube channel.

The owners of the Eleanor car trademark really really really hate repros of the car, but especially hate when people make money from them. They seem to have no problem using whatever means necessary to stop it . Most likely what happened here is that he was staring down a lawsuit and he came to the settlement that so long as he deletes the videos and gives them the car, they’ll let it go. Overkill, but it seems his lawyer probably thought he didn’t have a strong case .

He should have just called it a restomod Mustang or something.

TheD0k_2many toys 2little time > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 12:47

Good. Elenor mustangs are ugly and should not be allowed on the streets

LongbowMkII > HFV has no HFV. But somehow has 2 motorcycles
06/03/2020 at 13:17

Bonus .02; Eleanor is fucking ugly. If every clone was rebuilt into a can-am style the world would be a better place

Exage03040 @ opposite-lock.com > TheRealBicycleBuck
06/03/2020 at 13:36

This would make sense. To add:

YouTube takes a real guilty until proven innocent stance with copy right stuff. I’ve had an account banned posting within a few hours just because of a profile picture. Not a warning or anything to change it and the video itself didn’t have copyright content or ads. Also it’s rare to even have them remove strikes, even after investigating, unless the creator has a big stick like under a media partnership to go to bat for them they couldn’t give AF.

T hreatening to strike Chris’s Channel and remove the ad revenue from all his videos would be enough for him to completely ditch the project. YouTube content creators still get revenue from the ad views from their old videos too. So not only is it just a loss of subscriber base but the cash cow that the channel is dies.

Hypothetically, if your well paying job is threatened because of some harebrained ‘ owner’ of a movie car is a dick . Fuck the movie car, you’d buy/ build something else.