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How To Avoid Copyright Infringement Youtube

How to Avoid Copyright Infringement on YouTube (An Easy Guide)

Joshua Julien Brouard

Joshua Julien Brouard

26 August 20246 min read

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How to Avoid Copyright Infringement on YouTube (An Easy Guide)

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.

What happens when you violate YouTube copyright policies? (3 possible outcomes)

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.

1. Content ID claims

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: 

  • Monetizing the video,
  • Blocking it in certain regions,
  • Or tracking its performance.

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:

  • Losing access to features like live streaming,
  • Custom thumbnails,
  • Or even the ability to upload new videos.

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.

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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.

Real-life example

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.

How to avoid these consequences

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.”

Common strategies that won't fix your copyright claim (don't do these!)

  • Using "No Copyright Intended" or "I Don't Own the Rights" in descriptions: Adding disclaimers like "no copyright intended" or "all rights belong to the original owners" in your video's description does nothing to protect you from a copyright claim. These phrases don't grant you legal permission to use copyrighted material​.
  • Citing sources or giving credit: While giving credit to the original creator is respectful, it doesn't replace the need for proper licensing. Merely citing the source of the copyrighted material in your video description or credits doesn't protect you from claims.
  • Using only a few seconds of a song or clip: There's a common misconception that using just a few seconds of a song or video clip is safe from copyright claims. However, YouTube's Content ID system can detect even short clips, and copyright owners can still file claims for these small excerpts​.
  • Distorting or altering the content: Some creators try to avoid claims by altering the copyrighted content's pitch, speed, or orientation. Unfortunately, YouTube's Content ID system is sophisticated enough to detect many types of alterations, so this approach rarely works.
  • Not monetizing the video: Even if you choose not to monetize your video, you are still required to have permission to use copyrighted content. The absence of monetization doesn't grant you the right to use someone else's work.

How do you dispute copyright claims on YouTube?

To dispute a copyright claim on YouTube, follow these steps:

  1. Access the copyright notices section: Start by logging into your YouTube account and navigating to the YouTube Studio. In the left-hand menu, find the "Copyright" section under "Other Features," where you can see any copyright claims that have been made against your videos.
  2. Select the video with the claim: In the Copyright section, locate the specific YouTube video that has the claim. Click on the video to see the details of the claim, including what part of your video is affected and what type of action the claimant has taken (e.g., monetization, blocking, or tracking).
  3. Review the claim: Carefully review the claim to understand whether it’s valid or if you have grounds to dispute it. You might consider disputing the claim if you believe your use falls under fair use, you have a license, or the content is in the public domain.
  4. Initiate the dispute: Click the "Dispute" button next to the claim. You will be prompted to select a reason for the dispute, such as fair use, licensing, or public domain usage. You must then provide a detailed explanation and any supporting evidence to strengthen your case.
  5. Submit the dispute: After completing the dispute form and ensuring that all the information is correct, submit the dispute. The claimant will have 30 days to respond to your dispute. During this time, the video may remain in its current state (e.g., monetized by the claimant or blocked), depending on the type of claim.
  6. Await the outcome: If the claimant agrees with your dispute, the claim will be removed, and any restrictions on your video will be lifted. If the claimant rejects your dispute, the claim will stand, and you may have the option to appeal or take further legal action if you believe the claim is incorrect.

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.

Protect your copyright with Copyrightable by Trademarkia

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.

Register your copyright with Copyrightable


FAQs

How do you legally use copyrighted music on YouTube?

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.

How do you modify a video to avoid copyright infringement?

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.

How do you remove a copyright claim on YouTube without removing the song?

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.

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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.