Introduction
YouTube’s copyright policy should be known to all the users. Technically speaking, it is the second largest search engine in the world and consists of more than 31 million active channels. It’s a great platform with returns for content creators. YouTube wasn’t always commercials. Earlier it was simple a video-based platform and not monetized. However, with the advent of Google’s acquisition of the DoubleClick ad management solution, playing ads was possible in YouTube which in-turn made room for huge monetization. This resulted in the revolution of the company thus enriching it. Monetization has encouraged YouTube’s growth which empowers it to become one of the world’s largest digital media platforms. The great power of YouTube is that it is open and accessible to many people. Almost every hour YouTube witness around 30000 new content uploads. More than 2.5 billion users consider YouTube as an streaming platform for online gaming. A large number of users and content creators are indulged in by YouTube’s cash prizes. Various mismatch practices on YouTube such as copyright infringement, duplication and reuse of original content are widespread. These processes greatly affect the financial benefits of original content creators. Due to such scenario YouTube’s copyright policy holds great importance and is developed to address related issues.
Creators who upload videos that aren’t theirs or for which they haven’t obtained permission are not accepted under copyright law. They should only upload videos which they have created/owned or have the authorizations for the use. This states that any content which is someone else’s copyright, say music tracks or captions, shouldn’t be uploaded by someone else. If done so, then it should be backed by proper authorizations and acknowledgement.
Appropriate application of US law, which permits the reuse of copyrighted material in certain circumstances without the consent of the copyright owner. However, fair use is to be decided on a case-by-case basis, and the law varies from country to country as to when the material can be used without the permission of the copyright owner. In the United States, commenting, critical, investigative, educational, or reporting activities may be considered fair use, but this may vary from situation to situation.
YouTube has created the YouTube Audio Library to help creators re-use content securely by providing free high-quality music and sounds.
DMCA, which is the abbreviation for Digital Millennium Copyright Act, protects the rights of the copyright owners by letting them state the other content as infringed if they believe that it’s a copy or a part of it is copied from their copyright content. Any user’s account and the channels associated with it is subject to termination if the user receives three or more copyright claims within 90 days. We incorporate use of several tools to help creators in the resolution of their copyright claims. This includes – waiting to expire after 90 days, requesting a revocation, or submitting a counter-notification. It’s not the same as Content ID. If there’s a match found between a new file and a reference file it’s called a ‘claim’. Now on the basis of the preference of the Content ID owners, we use the policy to track, monetize or block, but will not issue a copyright claim.
The types of content that YouTube prohibits is governed by a set of guidelines which is applicable to all forms of content ranging from videos to comments, links to thumbnails and more. These guidelines are periodically as well as regularly reviewed after consulting with the experts and creators and forms an integral part of the overall policy.
These Community Guidelines are applicable to everyone irrespective of their title, background, political affiliations or organizational inference. These Guidelines are devised with great accuracy incorporating both human level acknowledgement and machine learning so that it’s not biased in any way.
The sole purpose of our policy is to ensure that YouTube stands as a safe society and at the same time gives room for the surplus number of creations and contents.
Importance of this research Article:
The importance of this research article should be based on below details:
1. Rules governing the Policy: The DMC Act 1998 which display the YouTube’s disclaimer policy enables the users to come across and know about the YouTube’s copyright claim. As a part of DMCA Rules & Regulations YouTube must comply with the DMCA for using the SHP (Read Note 1). Hence in order to protect its copyright content from any kind of infringement activities, YouTube must comply with the DMCA for any claims against any disclaimer or notifications. When YouTube gets any notice from DMCA they strike down the suspicious video immediately.
2. YouTube Copyright Policy: Copyright infringement is taken very seriously by YouTube and a video that allegedly infringes the part of content or full content of video of any other individuals, users or any third person without any valid licence or consent from that particular or actual content creator the same is usually blocked or downgraded by YouTube when the same is found via complaint from valid content creators or users. Usually, YouTube does not allow any third users to use the content of original owners even if they are trying to use the same in form or manner on YouTube. Even copying a small portion of a YouTube video is considered illegal.
3. Disclaimer: If the copyright owner believes the offender has copied any portion of his content either in full or in part and has tried to upload the same at YouTube, he can submit a deletion notice at YouTube. Now the same Notification will reach YouTube and on the same the offender will receive the legal notification from YouTube, post the review particularly done from their end and if they find that infringement has been done. YouTube simultaneously will omit the content & if they determine that the infringement is infringing. The actual owner who is the copyright owner of the content who is submitting the notice of harm must also confirm their rights when taking legal action against the other party.
4. Disclosure of a Content Identity: Apart from filing a legal disclaimer tool, YouTube has also developed a unique copyright enforcement tool, termed as “Content ID” which is provided to the content creators or the copyright holders of the content. Whenever a video is uploaded to YouTube, the YouTube algorithm checks whether the audio or video uploaded is the same as millions of those uploaded locally. If it finds the same, YouTube itself sues the copyright owner, freeing the owner to take action. If there is a difference in content-id the video owner has 3 options:
- Video blocking.
- Video monetization – When YouTube Realise that any individual is making money through any kind of process where they are turning their non-revenue generating item to cash and the individual gets more traffic for their infamous video, where the content or the video is not monetized however the video is on the YouTube Platform.
- Owner receives viewer data for detailed information about the video such as the country or region where the video received the best sound.
Content ID allows local users to perform conversion tasks and entertainment videos from real content without impacting the interests of their respective owners. The main purpose of Content ID is to reduce download notifications. However, the owner can always choose to block the video or choose the cheapest option without blocking others from using the video.
Guidelines for efficient use
Different countries have different laws about when it is OK to use materials without the permission of the copyright owner. In the United States, for example, commenting, criticism, research, teaching, or reporting activities may be considered legitimate. Other countries with the same concept called fair relations can work differently.
Courts look into cases of misuse that can occur depending on the facts of each case. You will probably want to seek professional advice before uploading videos that contain copyright-protected material.
Four Key Elements of Equal Use
The Ruling Judges of USA stated and further considered and confirmed that they will look upon the aspects that how four key elements of equal use can be applied in each case. Below are the four different elements of equal use:
1. Firstly the reason of use needs to determine, considering their character and including whether such are also used for commercial purpose or not or they are used for non-profit educational purposes only: Further the Courts also focus on whether the use of copyright-protected material are changed or not with the addition of new expression which means any real objects, or simply copies of real ones.
2. The type of the copyrighted work: The use of materials derived mainly from authentic works may be a fair use rather than mere fictional works.
3. The amount and size of the portion used in relation to the copyrighted work as a whole: Borrowing fragments of material from the original work will probably be considered more appropriate than borrowing large portions. However, if the loan is considered to be the “heart” of the work, sometimes even a small sample may weigh heavily against proper use.
4. The impact of potential market use, or value, of a copyrighted work: Use that impairs the copyright owner’s ability to profit from their actual work is less likely to be a viable use. Courts have sometimes done otherwise under this category in cases involving parodies.
Purpose of this Article:
The purpose of this article is to understand: -Why and how YouTube users should understand the Policy?
Since most of the creators on YouTube are motivated to upload contents which makes room for some decent revenue for the YouTube users, the channel must allow for monetization and the uploaded video must comply with the “Advertising Guidelines for the Advertisers” set by YouTube.
YouTube’s main source of revenue comes from playing video ads. The channel is more exposed to ads as content popularity grows. Therefore, when group-created content is reused or re-uploaded by someone else, the content becomes duplicate, and the video owner loses revenue. The YouTube user should therefore be fully aware of YouTube’s copyright policy and portfolios governing copyright strikes and content ownership variations.
YouTube users whose rights have been violated should know how to file a violation of infringing video infringement. Once someone notified of a copyright infringement notice, they should consider their remedies as filing a counter-notification under the DMCA.
A video that is said to resemble live video content is blocked or loses its ability to generate revenue for the creator. On the other hand, YouTube users should also recognize their rights as the same Content ID.
Your success as a Youtuber depends heavily on the number of views of his videos. Viewers will be disconnected if the content is reused or duplicated. In some cases YouTube should have reduced the number of videos because it was viewed more often than before. YouTube also pays criminals until we become real owners. It is a mistake to claim the profits the criminal made before the content owner claimed the copyright. Acting in a timely manner in the event of a piracy allegation will help resolve this issue and therefore create an additional view of the content created by the owner.
Originally, YouTube was created as a platform which can be used by anyone to post any video content as per their wish. With such an environment where users could upload, share, and view content without restriction, it became inevitable for it to become one of the leading video distribution centres in the world.
Speaking about the title:
The title itself brings to mind a few comments on questions about YouTube’s copyright infringement, which are as follows:
1. Is watching YouTube videos a copyright infringement?
2. Can YouTube be charged with copyright infringement?
3. How does YouTube deal with copyright infringement?
4. How does the YouTube algorithm detect copyright?
5. Can you go to jail for copyright on YouTube?
6. Can YouTube be charged with copyright infringement?
We need to understand the fact that special privileges are not limited to, or limited to, anyone who can see their work or exhibition or its functionality. Therefore, watching a YouTube video (or another) cannot cover copyright infringement (i.e., “illegal”).
If you find a copyright claim on YouTube and you are sure you are doing well, keep complaining about the claim, You see, after filing a complaint, your personal information goes to the copyright holder and that person may sue you for copyright infringement.
YouTube operates in accordance with the DMCA complaint and complaints. When a copyright owner submits a valid DMCA complaint using our web form, we download that video and file a copyright claim. If the user receives three copyright claims within 90 days, his account, and any associated channels, will be terminated.
Some copyright owners may use a program called Content ID to easily identify and manage their content on YouTube. YouTube uploaded videos are scanned on the site of files sent to us by content owners. If a match is found, the video receives a Content ID claim.
A question is often asked about important copyrighted submissions to YouTube. That could lead to fines or lawsuits, YouTube advises, but usually it will not result in arrest or imprisonment.
If you find a copyright claim on YouTube and you are sure you are doing well, keep complaining about the claim. You see, after filing a complaint, your personal information goes to the copyright owner and that person may sue you for copyright infringement.
Question to be asked by the Youtube users, creators and Youtubers
1. How must Content Creator protect its content/video from getting infringed?
2. What YouTube Influencer should do before copying another content?
3. Should Youtuber apply for copyright registration for every video/content they make?
4. What must be included as a rule for understanding for every content creator?
5. How will it impact Youtubers if they are not made aware of copyright law?
6. Under DMCA, is YouTube responsible for the copyright violations of its users?
7. What will be the applicability of DMCA’s section 512 towards YouTube Video?
Scope:
While we study the scope of the study, we need to enhance ourselves with the scope of service of YouTube which defines the scope of the permissions that you grant by uploading your Content, The Service allows you to discover, watch and share videos and other.
This will enable us to enlarge our knowledge on below details about YouTube:
1. Who can use the service?
2. Your Content & Conduct
3. Account suspension & termination
4. Software in service
Apart from scope of service of YouTube, we need to undergo about the scope of awareness that youtubers & content creators need to know about copyright infringement. Now this can only be done when youtubers & content creators understand the above scope of services of YouTube.
Who can use the Service?
YouTube has clearly stated various list of requirements where a persons or individuals can use their services which includes, the Age requirements of an Individuals, permission granted from parent or guardian, or any Businesses Authorisation.
1. Requirement of Age: The individuals must be of atleast 13 years old in order to use the YouTube Services, however if the Age is below the same, they have the option to use the services if the YouTube Kids option is enabled by their legal parents or guardian if in case the same is needed. The parents or guardian can also have the access of the tools and resources which can give them the better understanding of the YouTube Kids.
2. Permission or Authentication from Parents or Guardian: Legally any individuals who are below of 18 years of age must not be allowed to use the YouTube services, however if any Parents or the legal guardian do so, they are implied of accepting the terms and conditions and simultaneously holds the responsibility of the children activity.
3. Business: Any individuals who use the service on the behalf of their company or any company or the organisation, it indirectly will be assumed of the fact that the particular individual was the official authorizer, or the representation of that particular business and that business is accepting the terms and condition of the agreement.
Your Content and Associated Rights
1. Content which you Upload: If you have a YouTube channel, you may upload your Content accordingly and use the same for benefitting your personal business, content collection and creative arsenals. The content must adhere to this Agreement and the guidelines of the YouTube community or the law. The content must not be a copy of someone else’s creation or copyright content and if such is the case then you must have all proper authorizations from that person or organization whose copyright content you are using. We have automated systems dedicated for this purpose and it is able to detect any kind of infringement and abuse if present in a content. The content uploaded shouldn’t be spam, malware or illegal since our automated systems are built to detect those as well.
2. Rights you Grant: The ownership of you Content and it’s ownership right remains with you but right given below which you are required to grant to the YouTube and other users of the Service.
3. License to YouTube: The YouTube holds non-exclusive, non-terminable, transferable, sublicensable and royalty-free license to use the Content uploaded by you for YouTube’s business, promotions and redistribution or any other Services.
4. License to Other Users: We also grant other users of the Services a worldwide, non-exclusive, royalty-free license to access and use your Content through the Services. This includes services (such as video playback and embedding). For the avoidance of doubt, this license does not give you the right or permission to use the Content, regardless of service.
5. License Duration: If you delete your content, it doesn’t mean the termination of license instantly. The licenses which you grant holds on for a commercially explainable period of time even after the deletion of the content from the Service. YouTube holds the right to retain copies of your deleted videos in their server but not to use them in performance, distribution and promotional purposes.
6. Monetary Rights: The YouTube holds right to use your content for monetary, promotional or platform benefits and such rights which includes using your content in ads or charging fees for accessing the same. Also, the YouTube isn’t liable for any payment for the same. From June 1, 2021, any payments which you receive from YouTube under any other agreement between you and YouTube (including for example payments under the YouTube Partner Program, Channel memberships or Super Chat) will be treated as royalties. Google will withhold tax from any such payments if the law specifies so.
7. Content Removal by You: Usually, you are free to remove your Content from the Service as per your will with or without making copies, but you will have to remove your Content if you don’t possess the rights required by these terms on you Content.
8. Content Removal by YouTube: If it is proven or believed by us, due to legitimate reasons, that your Content is breaching the terms of this Agreement or may have the potential to harm YouTube, its users, or third parties in any ways, we may temporarily/permanently remove your Content or block it. You will be notified with reasons for our action unless we strongly believe that to do so : (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for YouTube or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, YouTube or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on the Troubleshooting page of our Help Center.
9. Protecting the Copyright Content: The copyright holders are provided with essential information on how to manage their creative content and intellectual property in our YouTube Copyright Centre. We request you to contact us by sending a notice if you believe that your copyright content has been infringed. We have dedicated systems to detect the same as well. All the copyright infringement cases are addressed accordingly as per our YouTube Copyright Centre, where you can also find how to resolve a copyright strike. The user’s access to Service is subjected to permanent/temporary termination if they are getting reasonable repeated infringement allegations as per the YouTube’s policies.
Copyright Protection
As we understand the fact that Copyright Protection enables the users or the content creators to protect their original creations or the authorship such as writing, music or even software for codes written in the form of computer program in contrast to any software patents which protects the functions performed by any processor who are executing the said code.
Also, to be noted further, copyright is a kind of legal right where its importance is an essential components of modern educational experience and exposure, so considering the said factor, the users of the content creators must be aware of its legal rights, and how to get the copyright protection of its Original Creation of its particular work because it will help them to protect their value as an author, as an academicians, as an researchers by giving the originator of work which will enable the ability to protect from a uncredited usage by any forms or any action by any third party users who are trying to copy their particular content.
This not only prevents of their works to get copied or get the access of same to upload at YouTube and earn the money and receive the credit for same.
Thus, copyright encourages intellectual creativity by allowing creators to work freely while also allowing them to be recognized for their work and guaranteeing their survival.
However, there are some exceptions to full copyright, one of which is Creative Commons. The term “Creative Commons” refers to a set of licenses that allow authors of articles and other works to specify how and for what purposes their work may be used. It simply implies that they control how their works are used. Six different licenses are available: attribution, which stipulates that the author of the work must be recognized and attached to his or her name; non-derivative, indicating whether the original can be modified; non-commercial, indicating whether they could benefit from using the item; and equally shared, which states that all works derived from the original must have the same common creative license.
To build separate licenses, the six licenses combine the licenses and bans of some of these applications. In the video below you can see a breakdown of these licenses. It helps students and teachers see how specific works can be used. It also allows authors to make their work easily shareable and accessible if they wish. Remember, however, that by choosing this license, you waive the right to full copyright protection and any financial incentives you may receive from the work. Also keep in mind that the CC0 license allows you to place your work in the public domain entirely, but this license removes all copyright protections, including credits.
Account Suspension & Termination
The suspension and termination depend on situations raised considering the policy set by YouTube has been followed or not, which are as below:
1. Direct Termination by Individual: It arises when any individuals or persons stop using the YouTube and delete the YouTube Services from the Google account which indirectly close the YouTube channel which you are operating, and your data will be removed or deleted, however you will have the option to download the data in the form of report or copy which you want to have for same.
2. Direct Termination or Suspension by YouTube: An Individual or the person may be suspended by the YouTube along with the access that they have over the google account or any parts in connected with YouTube if there is repeatedly breach of its terms and condition as laid down by them which included a person materially or repeatedly breach, if YouTube has received any court orders or if they find that your content or any activity is harming the third party users, YouTube or any of its connected Affiliates.
Further YouTube can also Terminate or Suspend if they find believe in its sole discretion that you are completely Inefficient and no longer commercially viable to its provision, or its terms or condition set by them.
However, before any Suspension or Termination YouTube will serve the notice of Termination or Suspension, where they will confirm the reason for same.
The Effect of Account Termination and Suspension: When any individuals or any person finds that this/her google account is terminated or suspended or the access to the account services is stopped or restricted, and if the individual or the person cannot have the further usage which was previously granted by the YouTube, in such circumstances the users has only got the option of viewing the content or videos posted by other users however the users cannot use for himself/herself. However, if any users find that their account termination was an error, then the users or content creators can appeal for restoration of their account.
Case Law: YouTube Accused by Content Creators for Copyright Infringement, Misconduct:
“Grammy-winning composer and singer Maria Schneider and Pirate Monitor Ltd. filed a class complaint against YouTube over a copyright infringement Thursday in Northern California, claiming that YouTube does not give them the same opportunity to remove illegal activity as major content creators. and that offline activity is often reloaded and sent to users without results.” (Kristen Errick, 2020)
The plaintiffs, “common creators of copyrighted works,” claim that YouTube “is full of videos that infringe copyright infringement.” They added that “YouTube has promoted and filed this site for copyright infringement by developing and implementing a copyright enforcement system that protects only copyrighted copyright holders such as large studios and recording labels.” In addition, the plaintiffs stated that “their restrictions were deliberate and designed to enhance YouTube (and its parents Google and Alphabet) in a consistent but reckless manner with user volume and advertising revenue.”
In addition to claiming that they do not have a legitimate law enforcement tool to prevent these violations, the plaintiffs also claim that “the existing system actually exacerbates the damage done to them by inciting defendants to the protection of any safe ports under applicable copyright laws such as Digital Millennium Copyright Act (‘DMCA’). ). “To control copyright for major content creators, YouTube” owns content – a digital tool that compares YouTube uploaded videos with a catalog of copyrighted material submitted by those licensed organizations using Content ID. ” Content ID allows the copyright owner to identify infringing activities and determine what happens in the infringement process. YouTube’s redirect infringement, thus encouraging its users to continue downloading infringing content. ” They added that Content ID was designed to prevent large corporations from suing the site and that it “has, in effect, created a two-tier system in which the rights of major creators who have the resources to take the defendants themselves to court are protected, while small and independent creators The Marvel and Class boys are deliberately left out in the cold. ”
The DMCA, according to the plaintiffs, is designed to provide “a secure port against copyright infringement claims on companies such as YouTube as long as they implement and reasonably enforce a policy that eliminates duplicate copyright infringement in their area.” YouTube is said to be issuing copyright claims if the standard content creator sends a reduction notice, after three claims within 90 days the user account is terminated, however, the plaintiffs have indicated that the Content ID system does not issue copyright claims. Thus, the plaintiffs argued that copyright infringement claims with Content ID were not included in the repeated infringement policy, which encourages users to upload infringing content. They also note that the Content ID system is faster and provides users with a faster response compared to the personal and old downgrade notification process that plaintiffs are forced to use.
In this case, the plaintiffs sought to emphasize the importance of copyright and copyright protection. For example, plaintiff Schneider states that “at least a dozen different YouTube videos [of his song] ‘Hang Gliding’ were published by YouTube, and tens of thousands of collections were produced by various groups, and none of them were downloaded by Plaintiff Schneider. . ” He added that after a number of requests for download, the songs were still being partially or completely posted on YouTube. Plaintiffs Pirate Monitor noted that its function, “Immigrants”, has copyright; Pirate Monitor has requested access to the Content ID application, but has not received access. Pirate Monitor has claimed that its content has been violated by publishing unauthorized videos, requesting that YouTube be suspended. The plaintiff added that even when the “immigrants” were deported “it was resubmitted in full following the” initial deportation notice. In addition, “Pirate Monitor is restricted from sending notifications for any reduction of these activities because the Defendants limit the number of notifications that the Complainant and the Class can send per day.” The plaintiffs allege that no matter how many promotional notices they post and how often the infringing content is removed “the same person or another person thereafter reloads the copyrighted content of the plaintiffs”.
(Maxwell, 2021)
Case Law: Suneel Darshan vs Google & YouTube
“Filmmaker Suneel Darshan is suing Google for copyright infringement, which also won a copyright lawsuit against Google, YouTube and was only fined $ 700 for damages.” (PRABHJOTE GILL, 2019)
Not many people can claim to have won against Google’s law firm. But, Suneel Darshan – Bollywood producer – is one of them.
An Indian filmmaker who sings Bollywood songs such as Andaaz and Barsaat has successfully defeated Google and its video sharing platform, YouTube, after an eight-year-long dispute over copyright infringement.
The Gurgaon Regional Court ruled in her favor, ordering Google and YouTube not to violate her duties but only to pay Rs. 50,000 in damages ($ 700).
“It was a long battle, but the command made me feel reassured. I will count and send damages soon,” Darshan told Box Office India.
YouTube is the sole provider – it is not responsible for the actions of its users
Darshan, owner of the film production company Shree Krishna International, accused the couple of publishing and sharing her work with the public without prior permission or authorization – a violation of copyright infringement.
Google and YouTube argue – as always – that they are the only service providers and are not responsible for what users do with the service, within the confines of the IT Act, 2000. That is why many people open cases against anyone who uploaded a video instead. there is a platform itself.
The two also argued that Darshan or his company – did not disclose the connection before their content violated the Copyright Act. They claimed that the plaintiff’s obligation to provide certain URLs, violated the law.
Generally, in cases of copyright infringement, victims must apply for a reduction under the Digital Millennium Copyright Act (DMCA). Although the DMCA is part of US copyright law, anyone around the world can apply for a DMCA reduction through Google. It is reported that the technology giant honors more than 97% of the DMCA applications we receive.
YouTube also has a strong claim that it does nothing to ‘cause’ violations by releasing a number of tools to stop infringement on its site, such as Content ID and Copyright Copying Tool.
Darshan’s lawyers, however, have called YouTube an ‘unauthorized downloader’ that violates audio recordings, cinematograph films, and audio and video recordings without a license.
The court ruled that if the defendants were aware of the content, they could easily find the URLs and remove them.
YouTube User Act: The Next Generation of Creators and Legal Issues They Face: (Franklin Graves and Michael Lee, n.d.)
There is no denying that, by generating billions of daily views and hundreds of millions of hours during a single day, YouTube is the go-to destination for online video use. Teens now spend more time on YouTube than on cable television. YouTube videos have been at the forefront of video usage for thousands of years as they watch online video on smartphones, tablets, and computers. More than 1,000 YouTube accounts, referred to as “channels,” reached one million subscribers in 2016, more than double the number of channels in 2015. “YouTube Users,” a term referring to content creators who upload videos to a video. a sharing platform, taking the lead quickly as the next generation of celebrities. Their marketing power spread beyond the YouTube platform to include a host of New York Times’ best-selling book deals and crossover production to more traditional channels, such as cable television and film productions.
YouTube, a company owned by Google Inc., is a unique platform for anyone to create an account, and upload video content. YouTube currently offers up to date 4K video editing options and 60 frames per second (fps), as well as live streaming and multimedia Google Hangout streaming options. With the YouTube Partner Program, anyone who meets the basic criteria can earn a living from advertising videos through Google AdSense.
Terms for now:
1. the availability of the program in the country or region of YouTube.
2. Original Content ID.
- avoid sensitive or mature content.
1. accepting the YouTube Terms of Service and Community Guidelines; and
2. A review of YouTube’s copyright education resources. To get paid, YouTube users must link their YouTube channel to a Google AdSense account and mark individual videos as monetized — a deadly way to keep track of the creators who are missing out until their video is widely distributed.
As of April 2017, YouTube requires the channel to reach a total of at least 10,000 views, on all videos uploaded to the channel, before ads are released and revenue is earned by the YouTube user. This move comes amid a public setback that the service places ads on hate speech videos and extremist messages that cause more than 250 advertisers to remove ads from the Google network.
Copyright Infringement:
Copies of copyrighted works created for sale/rent without license or permission, such as in the case of internet piracy, are considered piracy in India. A copyrighted work no doubt is performed publicly, but it has been found that the basic purpose of copyright infringement is done to get involvement in trade and get the personal gains from the same.
But in the case of YouTube, the intake of Copyright Infringement is something that any creator of the video who tries to take any others photography or video or any music material or any other work without the user permission, the said creator is violating the YouTube Copyright Policy.
Many people believe that piracy only occurs when someone plagiarizes another person’s literary or musical work. They don’t know that uploading videos or other media to YouTube affects copyright. Copyright is immediately affected when someone uploads a video to YouTube that contains background music or parts of video footage shot by someone else. YouTube creators or posters can very well be in violation of copyright law if they use other people’s music, photos, performances, or other creative work without their permission.
However, it has been noticed that many people try to ignore the rules and regulations set by the YouTube and try to infringe the content or video of actual content creators or Video makers who are the real authors of same.
Although many people try to get a scapegoat gate and tries to trick google or YouTube is hardly successful and although any person tries to infringe the content or the video temporarily, the internet media users will frown upon you and will ensure that your hard of infringing of video gets invalidated. So its best to avoid the Infringing activity rather be original author of your Work whatever you are trying to produce.
The Dos and Don’t to avoid the Copyright infringement are as follows:
1. Remember to do the view samples of any content online for further reviewing and selecting the music, rather copying, or downloading the samples of content.
2. Try to make an emergency copy of the content video and avoid to keeping the emergency copies in your music library and try to replace them with purchased copies as soon as possible.
3. Further don’t forget to make a classroom resource which are clearly labled as reproduceable.
4. Avoid posting any copyrighted materials, content, video, or any music online.
5. Try to support the art, content, and ideas by legally Purchasing the music by supporting the real authors, owners, or content creators.
6. Avoid sharing the refurnished or reproduced material from one platform to another, it will not only will impact the actual owner but also it may lead to the suspension of your account too.
The Fair Use Exception
Under certain limited circumstances, a “fair use” exemption is a legal theory that allows someone to use copyrighted works without the consent of the copyright owner. The fair use waiver is one of the most debated defences in copyright infringement cases.
Section 107 of the Copyright Act explains what constitutes fair use of copyrighted content. It sets forth considerations that a judge must take into account when determining if it is “fair” to use someone’s copyrighted work. Here are considerations the court must consider:
- Purpose and nature of use, including commercial or educational use.
- The nature of the copyrighted work.
- The size and weight of the work used correspond to the entire copyrighted work.
- The impact of the use on the potential market or value of the copyrighted work.
- Other criteria may be considered by the judge when reviewing fair use claims, as required by law. Furthermore, the courts will assess each claim on its own merits, with no set formula in place.
Impact when Video is taken Down
When a video has been taken down as a result of a legal notice filed by the owner of the content its termed as a “copyright strike”. YouTube takes down such videos on the request of the owner for complying with the copyright laws like the DMCA. When the creator gets a copyright strike for the primary time, it acts as a warning and therefore the person is taken to you tube’s “Copyright School” wherein the creator has got to watch some videos and answer some questions on the copyright policy followed at YouTube. When an account is subjected to a copyright strike, it loses the power to monetize the content. Details of the copyright strikes are often accessed from the “YouTube Studio” application or website. When your channel gets 3 copyright strikes:
- Your account, along with any associated channels, is subject to termination.
- All the videos uploaded to your account will be removed.
- You can’t create new channels.
A copyright strike can be resolved by:
- Filing a counter-notice if the video was taken down mistakenly or if the use of the content comes under fair use or fair dealing.
- Asking the complainant to retract their copyright infringement notice.
- After the expiry of 90 days.
What To Do When a Video Is Removed for Copyright Infringement?
When a video is removed for copyright infringement, the creator of such video usually has 2 remedies:
1. Filing A Counter-Notice in reply to a takedown notice filed under the DMCA;If the copyright owner sends a download notification without the authorization of the video, YouTube downloads the video. However, another party may send a counter-notification to restore the deleted video. A counter-notification may only be filed if the party is convinced that its use of the content is subject to a fair use policy or if there is a misidentification of the content by the copyright owner. If a video is removed for some reason, someone else has to wait until the copyright claim expires. YouTube reviews the counter-notification and analyzes the reasons the creator objected to the reduction notice. Thereafter, a counter-notification is forwarded to the complainant. Plaintiff within 10 days, must provide proof of initiating legal action to keep the content down. A counter-notification can be completed by logging in to the “YouTube Studio” feature. Users with their suspended account can file a counter-notification for the free form.
2. Disputing a Content-id claim: Content creator whose video matches the existing content may dispute that claim:
- If the content was not properly identified
- if the creator has a legitimate authority or licenses to use the content.
- If consumption falls under fair use or fair dealing
- If it is your original content.
3. In the event of a Content ID dispute, the copyright owner receives a 30-day response period. If the copyright owner fails to respond within 30 days, the claim expires on its own. The copyright owner may:
- Release a claim: If they agree to your dispute, they may release their claim. If you have been monetizing a video before, your monetization settings will be restored automatically once all claims on your video have been removed.
- Support the claim: If they believe their claim is still valid, they can support it. If you feel that it was mistakenly approved, you may be able to appeal their decision.
- Download your video: They can send a copyright reduction request, which means you will receive a copyright claim on your account. A counter-notification may be filed in such circumstances.
4. When a content-id dispute is initiated, monetization of content is reserved, and it is later distributed to the appropriate party.
How to avoid copyright infringement on YouTube?
YouTube Copyright Policy and Compliance Tips:
1. A license or authorization should be available from the copyright owner before publishing their content. If any content is not created by you, it should be assumed that it’s not yours and the same should be publicly shared on YouTube in order to post it freely. If you do not have permission to do so, use a function from the website that provides music and photos that you can use for free.
2. Read and understand the license agreement. To your surprise, many content owners want their content to widespread and are ready to pay you for the same. These terms will be reflected in the license agreement.
3. Try to find the proper use of the function. If your YouTube video uses copyrighted material for educational or non-commercial purposes, you may be satisfied with the freedom to use it properly in violation of the law. Before submitting a work, however, you may want to have a professional review if you are unsure whether you are comparing the proper use of a copyrighted work.
4. Never share or alter or try t copy without the permission of actual owner who has made the content of the said material.
Conclusion:
As of September 2019, YouTube has blocked the option for music companies to make personal claims. In order to prevent the YouTube content creator’ content from being monetized by music companies, YouTube has announced several amendments in its personal search policies. These announcements were made public via blog posts and in YouTube’s policy.
The forum considers music companies to be using the wrong and aggressive application option. The manual claim policy differs from its content-id system in that the copyright owner identifies the infringement instead of relying on the default You Tube tool. Music companies are said to be extorting money from creators or having music played for a few seconds.
For example, if a user creates a video where he has added his own created content and just used a copyrighted song can lose all the revenue of the video to the hands of the copyright owner of that song. To resolve this issue, YouTube has compelled the plaintiffs to add time stamps to expose violations during the complaint. “YouTube Audio Library” provides the song as non-copyrighted content and the content creators can cut a section from it to add in their videos.
They can now make money on video after removing such parts. Copyright holders can now only restrict creators from monetizing video or blocking content. As a result, copyright holders cannot monetize infringing video with ease now and such cases have lessened.
Notes
[1] Safe Harbor Protection is an inherent protection granted to intermediaries which is a defence it can take against imposition of liability for acts done by third parties.
Author Bio
Informative, great effort.