Dealing with a copyright claim on YouTube can be a hindrance, but this guide breaks down the process into simple steps. If you’re a content creator on YouTube, you may have received a copyright claim at some point. Youtube copyright claims should be taken seriously with the assistance of an Intellectual Property Attorney.
Learn what to do if you receive a claim and how to avoid them in the future.
What is a Youtube Video Copyright Claim?
If you receive a copyright claim on YouTube, it means that the owner of the copyrighted material has notified YouTube that their content has been used in your video without their permission. This can include copyrighted music, images, or video clips. The owner has the right to either monetize your video or take it down.
It’s important to understand that a copyright claim differs from a copyright strike, which can result in more severe consequences such as penalties or termination of your YouTube channel. A copyright strike is a DMCA takedown notice, where the content creator has notified Youtube that their content has been used without permission. More on DMCA takedowns can be found here.
Determine if the Youtube Video Copyright Claim is Valid
The first step in dealing with a copyright claim on YouTube is to determine if the claim is valid. This means reviewing the claimed content in question by applying US Copyright Law and fair use exceptions and comparing it to the protected material provided by the copyright holder. If the claim is valid, you have a few options.
You can either remove the copyrighted content from your video or dispute the claim if you believe you have the right to use the content under fair use or another legal exception. It’s important to note that a copyright claim can lead to a legal takedown request, also known as copyright strikes or DMCA takedown notices.
Dispute the Youtube Video Copyright Claim
After determining the validity of the copyright claim, you must decide whether to dispute it. If you believe that your use of the copyrighted material falls under fair use or another legal exception, you may choose to dispute the claim.
Fair use is a legal defense against copyright infringement. It allows limited and “transformative” copying for specific purposes (parody/commentary/critique/etc.) as an exception. Therefore, youtube copyright claims against content that falls under the fair use exception will fail.
Another defense to the claim is if you believe your use was properly licensed. In this scenario, you can provide Youtube with information on the licensing process with a license certificate. If the license is deemed acceptable, your youtube channel will remain unaffected.
How long does the dispute process take?
Remember that disputing a claim can be a lengthy and complicated process and may require legal assistance. After you submit a dispute, the copyright holder with the claim has 30 days to respond to your appeal. If you are unsure whether your use of the material is permitted, removing it from your video may be best to avoid more claims.
Remove the Youtube Video
One of the quick and easy ways to resolve the copyright claim is to remove claimed content.
If you have determined that the copyright claim is valid and you do not have permission to use the copyrighted material (song/video/musical composition/etc.), the best course of action is to remove the infringing content from your video. This will prevent any further action from the copyright owner and may help to avoid any penalties or legal action.
You can either edit the video to remove the infringing content or delete the video entirely. It is important to take action quickly to avoid any further consequences. These consequences would include your channel getting banned/demonetized or, worse, being sued in federal court for copyright infringement.
Avoid Future Copyright Claims.
As a content creator on YouTube, it’s crucial to ensure you’re utilizing content you have the right to use. This entails using royalty-free music/images/videos (public domain), obtaining licenses for copyrighted materials, or creating your own original content. Remember to give proper attribution to any sources you do employ to avoid copyright claims.
Additionally, YouTube offers helpful tools like the Audio Library and Creative Commons if you require free-to-use content. Copyright issues arise when content creators don’t go through the proper licensing process or don’t have processes built-in to conduct copyright checks before uploading their videos. Ideally, each new video should go through a copyright check to determine the risk you are exposing your channel to.
By adhering to these guidelines, you can avoid a youtube copyright claim.
What is a Youtube Channel Content ID?
Youtube is an online platform, ISP (Internet Service Provider), allowing content creators to post video and audio content. But copyright owners still produce content that has not been made available to be published in youtube videos. This is where content id claims come into play.
A content ID claim is issued when Youtube’s automated content identification system identifies unauthored use of copyright-protected content. Each publisher with a significant library of original video content to which they claim exclusive rights is given a Content ID by Youtube studio. This allows the publisher to track, monetize, or block unauthorized use.
This perk is not afforded to every creator; if you think you qualify, please go here.
Although the Content ID is a great tool that automates copyright claims, it is not accessible to everybody neither is it a perfect solution for comprehensive copyright infringement enforcement. This is where it is important to work with an intellectual property attorney that can assist you with a youtube copyright claim. To remove copyright claims and bring your channel back to good standing, Drishti Law can help you with your copyright issues.
Sahil Malhotra
Sahil Malhotra is an Intellectual Property Attorney, who founded Drishti (“vision”) law because of his vision in protecting dreams and ideas.
He provided individuals and small businesses with an opportunity to enhance their IP’s value by helping them register trademarks and successfully argue against office actions. In addition to his training and experience, he has been deeply involved in the multifaceted IP portfolio at UIC and continues to be associated with IP organizations and conferences.
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