YouTube Copyright Claims and Disclaimers
In the digital age, the scope of copyright has expanded to include electronic intellectual works and audiovisual or image content. This prerogative applies to websites including video and music hosting platforms. YouTube informs youtubeurs of the rules relating to the protection of copyright for the works stored on the site. Despite the preventive actions, the violation of these principles is a recurring act on the platform. Failure to respect youtube copyright leads to complaints, even warnings. What do these penalties represent for offending youtube channels? Response elements.
Youtube insists on respecting copyright
The creation and animation of a Youtube channel are subject to compliance with a certain number of regulations, including the rules related to copyright. This prescription relates to all the digital artistic works present and to come on the platform. Indeed, the algorithms of the youtube platform monitor and identify content that does not comply with copyright .
The authors of works containing extracts (audio, image, video or text) protected by youtube copyright, are informed that their digital works violate the regulations in force. In this regard, any violation of copyright entitles Youtube to complaints and warnings. The platform informs the youtuber who is the author of the work in question so that he can take the necessary steps to resolve the problem.
Also, other sanctions are planned to encourage any youtube user victim of non-compliance with said regulations to comply. Youtube undertakes many actions aimed at defending the illicit exploitation of works subject to copyright on youtube channels. The site allows the holder of the exploitation rights of a work to claim copyright protection.
Detection of copyright infringement
The Content ID claim or claim for youtube copyright infringement results from the detection of copyright infringement by Youtube algorithms. It emanates from an automated signal when you post a video on Youtube containing a work protected by youtube copyright.
Operationalizing the Content ID Claim
The Content ID claim is an information action initiated by the source codes of the Youtube program. It begins with a check of the content put online in order to detect any similarities with other digital works present on the video hosting site. This operation is carried out by the copyright protection management tool called the Content ID system.
In fact, any new video posted to YouTube is subject to an automated analysis of youtube copyright compliance. The discovery of a piece of content subject to intellectual property rights in the new videos leads to a Content ID claim. This form of claim for copyright infringement is never followed by a warning addressed to the author of works incorporating the protected content.
The configuration of copyright infringement detection by the ID system
YouTube copyright owners have the ability to configure Content ID system control for copyright enforcement . Indeed, this setting makes it possible to block new videos posted that contain part or all of their protected work.
In the event of a violation, intellectual property rights holders receive a notification indicating that their content has been used without their authorization. The authors of works subject to copyright can then allow the distribution of their protected content on the offending youtube channel. But, they can enable ad serving to take advantage of video ad revenue.
The Impacts of Content ID Claims for Copyright Infringement
The Content ID claim is commonly referred to as a copyright infringement claim. It is different from a copyright infringement warning . This is indeed a signal sent to the YouTuber responsible for the breach of copyright to follow up on the activation of the monetization of the posted video.
Complaints reported automatically by Youtube's algorithms do not result in a removal of content on your youtube channel. On the contrary, the content notified in violation of the rights remains broadcast on the channel, thus allowing you to achieve views. Nevertheless, the youtube platform risks broadcasting advertisements for this content.
This situation arises when the youtube copyright holder (whose copyrighted content has been copied) opts in for displaying ads on their videos. Thus, it benefits from the advertising revenue generated by the posted video. The offending youtuber has the possibility of refusing a copyright claim that the algorithms apply to him.
Case of youtube copyright infringement warning
The use of a work on youtube without having the right of reproduction , entails the sending of a notification to the holders of rights that their copyrights are violated. Faced with this situation, the author of the work protected by law can request a deletion of the video on Youtube.
What is the copyright infringement notice?
The copyright warning is a sanction imposed by Youtube in order to enforce copyrights . It is issued following a notice of withdrawal of the video incorporating one or more sequences of protected content. The intellectual property code requires Youtube to consider video withdrawal requests issued by the rights holder.
This form of claims are flagged by rightsholders when setting up the ID system for youtube copyright infringement detection . If necessary, the rights holder must write a request for the removal of the video as soon as he receives the notification of exploitation of its content. Said request must comply with the compliances and requirements provided for in this regard.
The notification of youtube copyright infringement warning
When Youtube sends a takedown notice for copyright infringement , it comes with a warning for the same reason. In this case, the video of the youtuber in question is deleted from the youtube channel. Considering that the youtube user is not informed of the rules relating to copyright , Youtube recommends that he follow the courses of the ''copyright school'' .
These courses are made up of a set of videos on copyright to help you understand the laws in force in this area. Keep in mind that copyright strikes may affect the monetization of offending content. In this regard, the withdrawal of video in direct broadcast leads to a restriction of the streaming functionality for seven days.
Other Penalties Induced by the Copyright Infringement Warning
When a YouTuber receives a first warning for using a copyrighted work , Youtube's penalties are less. Once the user has received three warnings for the same reason, the video hosting site may impose the following penalties:
- prohibit the creation of youtube channel to the user,
- close the channel(s) concerned by the video in question and/or
- remove all videos posted via the Google account associated with the youtube channel.
Before sanctioning you, the platform grants a grace period to youtubers participating in the YouTube Partner Program. Indeed, you benefit from a window of action of seven days to take the necessary measures before the deletion of the channel.
During this grace period, it is not possible to publish new videos. The youtube channel subject to potential deletion remains online and accessible to the youtuber so that he can remedy the warnings received for copyright infringement . When you file an action to dispute the licensee's claim, your channel will remain open for channel subscribers.
YouTuber's Actions Against Copyright Infringement Claims and Warnings
Authors of works accused of infringing copyright may sue to invalidate claims or disclaimers. In this regard, several options are available to guilty youtubers.
The case of Content ID claims
When you believe the rights holder 's claim is legitimate, then you can sit back and do nothing. By doing so, you do not earn advertising revenue on the complained video. Otherwise, it is possible to delete the protected content for which there is a claim for copyright protection .
Failing a complete deletion of the new video, cut the segment subject to legal protection . When the complaint relates to background music, replacing the musical title is an appropriate option. If applicable, mute the audio tone to the level claimed audio content or the entire soundtrack of the posted video.
The case of the warning
To lift a warning for infringement of youtube copyright, the user of the youtube channel in default must wait until the expiry of the penalty period. In this case, the warnings cover a period of 90 days before the deletion of the content and/or the youtube channel. In addition, it is possible to request the withdrawal of the takedown notice.The second solution consists in contacting the rights holders who claim the video or the work protected by the right which belongs to them. Thus, you are asking them to drop the claim because it is unfounded. Failing that, simply submit a counter notice when the posted video has been taken down due to an error in the cause of the takedown.