Joshua Julien Brouard
26 August 2024 • 6 min read
Imagine you've created a set of videos with creative ideas and perfect music. You've finally uploaded them to YouTube after all that hard work only to be flagged. Navigating the world of YouTube can be exciting, but it also comes with challenges—especially when using content that isn't yours.
Copyright infringement is a common pitfall that can result in the removal of your videos or, worse, the penalization of your channel.
Understanding how to avoid copyright issues is crucial to keeping your content safe and your channel thriving.
In this guide, we'll explore practical steps you can take to protect your content and ensure you're respecting the rights of others while building your presence on YouTube.
Violating YouTube's copyright policies can lead to a range of consequences, from mild setbacks to severe penalties, depending on the severity of the infringement and the actions taken by the copyright owner.
Let's break down what could happen if your content triggers a copyright claim.
When you upload YouTube videos, YouTube's automated Content ID system scans it for copyrighted material. If the system detects a match, the copyright owner has several options:
For example, many YouTubers have experienced cases where the rightful owners of the background music they used monetized their videos, even if the video content itself was original.
Content ID claims typically don't result in strikes but can affect your video's reach, visibility, and monetization potential.
A more serious consequence occurs when a copyright owner files a formal DMCA (Digital Millennium Copyright Act) takedown notice, which results in a copyright strike against your channel.
Strikes can severely limit your channel's capabilities—restrictions may include:
For instance, the popular YouTuber Totally Not Mark faced a wave of copyright strikes from a Japanese animation studio, which removed over 150 of his videos and severely disrupted his channel's operation.
If you accumulate three strikes within 90 days, YouTube will terminate your channel and permanently remove all your videos.
Want to check if something is copyrighted? Try out our free copyright checker on Copyrightable.
Copyright owners might pursue legal action in extreme cases, especially with repeated or severe violations. This can involve lawsuits seeking damages, which can be financially devastating and damaging to your reputation.
For example, some high-profile cases have involved music companies taking legal action against channels that consistently upload unlicensed content, resulting in significant fines and legal costs for the creators involved.
Consider the case of Ethan and Hila Klein from the H3H3 Productions YouTube channel. Another YouTuber sued them after using clips of his content in a reaction video.
While they eventually won the case on the grounds of fair use, the legal battle was costly and stressful, highlighting the risks of potential legal action when navigating copyright issues on YouTube.
To avoid these copyright law penalties, it's crucial to understand and adhere to YouTube's copyright policies strictly. Always create original content, or if you need to use third-party material, ensure you have the proper licenses.
For instance, many creators turn to royalty-free music libraries or purchase licenses for the content they wish to use.
If you do receive a copyright claim or strike, carefully review it and dispute it only if you have solid evidence, such as a license or a fair use defense, to support your case.
Want to learn more about copyright infringement, generally? Read our detailed guide “Unveiling the Secrets of Copyright Infringement.”
To dispute a copyright claim on YouTube, follow these steps:
It's important to be honest and accurate when disputing a copyright claim. Submitting a false dispute can result in penalties, including strikes against your channel.
Navigating YouTube's copyright landscape requires a careful balance between creativity and legal compliance. Understanding how to avoid copyright infringement is essential to keep your channel safe and thriving.
Violating copyright policies can lead to serious consequences, such as Content ID claims, copyright strikes, and even legal action.
To avoid these issues, ensure your content is original or properly licensed. If you receive a copyright claim, YouTube provides a formal dispute process that requires accurate and honest evidence.
To further safeguard your content, consider protecting your work with Copyrightable by Trademarkia. Trademarkia offers services to help you secure your copyright, ensuring that your creative efforts are legally protected.
This allows you to focus on creating without the constant worry of copyright challenges.
To legally use copyrighted music on YouTube, you must obtain permission from the copyright owner, usually through a license. This can involve purchasing a license from music libraries, directly contacting the artist, or using royalty-free music. Alternatively, you can use music that falls under Creative Commons licenses, ensuring you follow the specific terms outlined by the creator.
To modify a video and avoid copyright infringement, you can use techniques such as adding commentary, using clips under "fair use" (like for criticism, commentary, or educational purposes), altering the footage significantly, or using royalty-free content. Ensuring that the original work is transformed enough to qualify as fair use is essential, but this can be subjective and vary by jurisdiction.
To remove a copyright claim on YouTube without removing the song, you can dispute the claim if you believe you have the right to use the music under fair use, a license, or public domain status. You can also try using YouTube's tools to trim out or replace the copyrighted music with royalty-free alternatives provided by YouTube. The claim may be dropped if successful, and your video will remain unchanged.
AUTHOR
Based in our Pretoria office, Joshua is a digital content manager at Trademarkia and has extensive experience writing on legal subjects. He has a bachelor of commerce in law, as well as several marketing certifications. He is also soon to complete his postgraduate in marketing management. In his free time, Joshua loves traveling with his many rescue dogs.
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