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Home How-to How to deal with a copyright claim
Photo by Markus Winkler on Unsplash
 * How-to


HOW TO DEAL WITH A COPYRIGHT CLAIM

By
Landon Dyksterhouse
-
April 11, 2024


IN A NUTSHELL

 * Copyright is a legal right that allows businesses and creators to control how
   their original works are reproduced, distributed and performed; when these
   works are used without permission on platforms like YouTube, copyright claims
   can be made.
 * YouTube’s Content ID system can automatically detect and match content to
   protect copyright owners, but it can also mistakenly flag content that falls
   under fair use, leading to issues like demonetization.
 * If you receive a copyright claim, assess if it’s legitimate, consider
   counterclaiming if it falls under fair use or negotiate rights if you’ve used
   copyrighted material.

--------------------------------------------------------------------------------

Getting a copyright claim or strike on your YouTube channel can be confusing and
frustrating, especially if you don’t have a firm understanding of why it happens
or what you can do about it. It’s important (and responsible) to avoid copyright
claims. However, the journey to becoming a successful YouTuber will likely be
riddled with copyright claims.

We’re here to help you understand what it is, why it happens, and what to do if
it happens to you.


UNDERSTANDING COPYRIGHT CLAIMS ON YOUTUBE

Copyright is a legal protection granted to the creators of original works.
Copyrights are sometimes held by a single creator, by an agency, or by multiple
people (i.e., writer, singer, and producer). Regardless, it gives the creator(s)
exclusive rights to reproduce, distribute, and publicly perform their creations.
When a creator uploads a video to YouTube, they implicitly grant the platform a
license to display and distribute the content. They still have the right to
their work on YouTube.




MANUAL COPYRIGHT CLAIMS

When a copyright holder believes their work has been used without permission by
another creator on YouTube, they can file a copyright claim manually. YouTube
considers this a manual content ID claim. Copyright holders need to use
the Manual Claiming tool to file a manual content ID claim. YouTube intends for
the Manual Claiming tool to give copyright owners a way to manually claim videos
not matched by Content ID — more on that later. To try to discourage false
claims, YouTube requires copyright holders to provide a timestamp where their
content is in the video they are claiming. Unfortunately, many companies and
creators have abused the system for their own benefit. For example, in 2021,
PewDiePie received a copyright claim for using his own song “B!tch Lasagna”
after a company named RepostNetwork claimed ownership of the song, claiming to
be acting on behalf of PewDiePie. Thankfully, YouTube removed the claim after it
was brought to light.


WHAT ABOUT CONTENT ID CLAIMS?

A Content ID claim is automatically generated when an uploaded video matches
another video (or segment of a video) in YouTube’s Content ID system.

Depending on the copyright owner’s Content ID settings, Content ID claims can:


 * Block a video from being viewed.
 * Monetize the video by running ads on it, sometimes sharing revenue with the
   uploader.
 * Track the video’s viewership statistics.


ISSUES WITH FALSE POSITIVES

The Content ID system can mistakenly flag content as copyright-infringing even
when it’s used legally. Creators who do movie reviews with clips from the film,
parodies, or educational music courses with song snippets can all face false
positives, which leads to video demonetization. While creators can appeal, the
time it takes for YouTube to review the claim leads to massive profit loss since
the majority of a video’s views come in during the first few days since its
upload.


HOW TO HANDLE A COPYRIGHT CLAIM

If you’ve received a copyright claim, start by considering if the claim is
legitimate. Did you violate copyright, or do you think the claim is uncalled
for? Your answer will determine what you do next.

If you believe the copyright claim is incorrect:




COUNTERCLAIM

If your use of copyrighted material falls under fair use or you have acquired
the rights to use it and were flagged by YouTube’s content ID, you can file a
counterclaim. This challenges the copyright holder’s claim and, if successful,
allows you to remonetize your video.

If you did violate copyright, you can:


SEEK PERMISSION FROM THE COPYRIGHT HOLDER

If you want to keep the copyrighted content in your video, you can try
contacting the copyright holder and requesting permission to use the content.
Sometimes, the Content ID system flags your content on its own without the
copyright holder knowing. If they’re fine with you using the content, then you
can clear it up with YouTube. If the copyright holder manually claimed your
video, that will be a bit trickier. They may be open to coming to a compromise
with you on the sharing rights. You can try to find the true owner by checking
these sites:


 * Records from the US Copyright Office
 * Copyright Clearance Center
 * The WATCH (Writers, Artists, and Their Copyright Holders) database
 * Copyright Advisory Office of Columbia University

Once you’ve identified the copyright owner, you can contact them to negotiate
terms for licensing. Be prepared to discuss the exact content you wish to use,
why, and for how long. Then, discuss the terms of payment or exchange that will
benefit the copyright owner fairly. Once everything is decided, it’s critical to
get it in writing. Follow up with an email that specifically outlines your
conversation and request a reply granting permission. If you receive any
copyright claims during the timeframe of your license, this documentation is the
proof you’ll need.

Ultimately, respect the copyright holder’s decision. If they don’t want you to
use their content in your video, abide by it if it doesn’t fall under fair use.
It’s important to understand that copyright protection exists to preserve the
integrity of original works. This protection is a safeguard for intellectual
property and preserving revenue streams. When content is used without
permission, it may cause damages such as financial loss and a loss of control
over the work.


TAKE LEGAL ACTION

In extreme cases, where the copyright claim is erroneous or abusive, creators
may need to consider legal action. However, this is a costly and time-consuming
process that requires legal counsel and should be a last resort.




EDIT OR REMOVE THE CONTENT

If only a portion of your video is being claimed, YouTube allows you to use its
built-in video editor to remove the section in question. However, this approach
can’t work for everyone. For instance, if you’re doing an educational analysis
of Taylor Swift’s song “Lover,” it would be hard to cut all instances of the
song. Also, while YouTube’s editor is helpful, it’s quite limited. So, you may
have to edit the video using your own video editing software and re-upload it.


KEEP CLAIM IN THE FACE OF A COPYRIGHT CLAIM

Copyright claims can be extremely stressful, but YouTubers, no matter how
careful they are, often face them at some point. Keep calm and consider the next
best course of action using the steps above.

Photo by Markus Winkler on Unsplash



Contributing authors to this article include: Landon Dyksterhouse and Tiffany
Harness

 * TAGS
 * Copyright Claim

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Next articleTikTok teases a new app for photo posts: TikTok Notes
Landon Dyksterhouse
https://www.imdb.com/name/nm7276551/
Landon Dyksterhouse is an award-winning documentary filmmaker and is the founder
of D-House Entertainment.




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