Understanding YouTube Copyright Rules and Policies
With great creativity comes great responsibility, especially when it comes to copyright.
Whether you’re a budding creator, YouTube marketing manager, or a seasoned YouTuber, understanding YouTube’s copyright rules and policies is crucial for keeping your content safe and your channel thriving.
However, YouTube’s copyright rules and policies can be challenging for both content creators and viewers.
A copyright strike can be a nightmare. It can lead to video takedowns, monetization loss, or even permanent channel termination.
But what exactly is copyright, and how does it work on YouTube?
What Is Copyright?
In many countries, when someone creates an original work and fixes it in a tangible form, they automatically gain copyright over it.
As the copyright holder, they have exclusive control over how that work is used.
In most cases, only the copyright owner can decide if others are allowed to use their creation.
Creators are only permitted to upload their own videos or those for which they have explicit permission to use.
This means they can’t upload someone else’s content, whether it’s a video, a music track, or even a user-made clip, unless they’ve obtained the proper rights to do so.
It’s important to note that copyright is just one type of intellectual property. It’s not the same as a trademark, which protects things like brand names, logos, and slogans.
Related article: What’s Legal and What’s Illegal to Use in YouTube Videos
Exceptions in YouTube Copyright
Copyright exceptions are laws that allow you to reuse someone else’s copyrighted material without asking for permission, but only under specific conditions.
One of the most well-known exceptions in the United States is fair use.
When determining whether a use qualifies as fair, courts examine four factors, including the purpose of the use, the nature of the original work, the amount of the work used, and the potential impact on the market value of the original work.
Like many in the European Union, exceptions are more narrowly defined in countries with civil law systems.
Rather than considering multiple factors, content reuse must fit into specific categories such as quotation, criticism, review, caricature, parody, or pastiche.
These exceptions are outlined in Article 17 of the EU Digital Single Market copyright directive and are interpreted differently by each member state and their courts.
The goal is to balance the creator’s right to free expression with the rights of the copyright holder.
Some countries, such as Canada, the UK, and Australia, have a hybrid system where courts weigh several factors similar to fair use but within certain categories, including quotation, parody, caricature, and pastiche.
Most countries are signatories to the Berne Convention, which allows certain exceptions, such as for citation and news reporting.
While copyright exceptions are similar across countries, significant differences remain.
Whether a specific reuse falls under an exception depends on the courts and is decided on a case-by-case basis.
Copyright exceptions are vital in achieving this by supporting creativity and the free exchange of ideas.
That’s why YouTube encourages rights holders to consider these exceptions before submitting takedown requests.
Read more: 5 YouTube Alternatives and 20+ New Platforms Similar to YouTube
What to Do: False Copyrighting
YouTube offers a variety of Copyright Management Tools to help copyright owners manage their content online.
These tools are designed to give copyright holders control over their copyrighted material, with features tailored to the scale of their content on YouTube and the resources they have for managing it responsibly.
Here are the main tools available for copyright owners:
Web Form
For most users, the simplest way to request the removal of unauthorized copies of copyrighted content is to submit a copyright notice via the DMCA (Digital Millennium Copyright Act) web form.
This tool is available to everyone in all languages and is easy to use.
Copyright Match Tool
The Copyright Match Tool uses advanced Content ID technology to identify reuploaded videos of a creator’s original content on YouTube.
Creators can choose how to handle matches. They can request a takedown, send a message to the uploader, or archive the match if no action is needed.
If a user has filed a successful DMCA takedown request, they can access this tool by filling out a public form.
Related article: Online Video Licensing Tips
Content ID
For creators with complex copyright management needs, Content ID offers a more advanced solution.
Content ID is a digital fingerprint system that allows copyright owners to upload reference files of content they own. YouTube then scans uploaded videos to find matches.
When a match is found, actions are taken according to the copyright owner’s settings, such as blocking the content, monetizing the video, and tracking the video views.
Blocking the video prevents the video from being viewed. Creators won’t receive copyright strikes if the video is blocked.
Moreover, copyright owners can track how often their content is being viewed.
With Content ID, copyright owners don’t always need to file a takedown request for infringement.
Instead, they can monetize and run ads on the videos containing their content.
Important Notes
Giving credit to the copyright owner does not automatically grant you the right to use their copyrighted work.
You must ensure you have secured all necessary rights to any copyright-protected elements in your video before uploading it to YouTube.
Most importantly, purchasing content (such as downloading music from Apple Music) does not automatically grant you the right to upload it to YouTube.
Posting videos with purchased content could violate copyright law even if you credit the copyright owner.
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