Complying with YouTube fair use rules is an extremely important part of being a content creator. However, many creators don’t realize that recognizing fair use non-compliance and understanding the reporting process is equally as important.
As a creator, you work hard to write, produce, film, and design your content. Therefore, you deserve proper compensation 💸 for its reuse!
Whether you’re a YouTuber, musician, filmmaker, or other type of artist, finding your material on YouTube without your permission is upsetting.
While many uses of copyrighted material on YouTube are protected by the doctrine of fair use, there are instances in which creators do not 🙅♂️ comply with the doctrine’s guidelines. That said, in order to protect your copyrights, it’s important to understand common examples of fair use non-compliance on YouTube.
🤔 WHAT CONSTITUTES YOUTUBE FAIR USE NON-COMPLIANCE? 🤔
Creators who reuse material in compliance with the doctrine of fair use must abide by the requirements for one of the following circumstances:
✅ Purpose and character of use
✅ Nature of the work
✅ Amount used
✅ Effect of use on the market
Each of these circumstances comes with its own guidelines for transforming or using copyrighted content in a “fair” way.
For example, reusing other people’s content for educational 🏫 purposes is much more likely to be considered “fair” than using it for commercial purposes. Additionally, using 1-3 seconds of someone’s music, for instance, is much more compliant than using an entire chorus.
Furthermore, one of the most important aspects of fair use compliance is the effect of use on the market.
In other words, anyone relying on the doctrine of fair use must ensure their actions do not 🚫 have a negative effect on the original artist.
For instance, if a YouTuber were to earn revenue from a video in which he utilized a clip from another YouTube video, and in turn took revenue away from the original creator, that would most definitely constitute non-compliance.
Ultimately, before reporting use of copyrighted material on YouTube, it’s important to ensure that the creator is in fact violating the doctrine of fair use.
Therefore, content creators may benefit from consulting 🤝 a social media attorney to learn more about fair use and copyright law before reporting copyright violations online.
⚠️ REPORTING YOUTUBE FAIR USE NON-COMPLIANCE ⚠️
While discovering your stolen material online is never a fun situation, YouTube makes finding and reporting copyright violations fast and easy.
First, when it comes to stolen YouTube videos, If you’ve verified ☑️ ownership of your original videos with the platform, it should be a part of YouTube’s Content ID program.
“Copyright owners can use a system called Content ID to easily identify and manage their content on YouTube. Videos uploaded to YouTube are scanned against a database of files that have been submitted to us by content owners.” (Source: YouTube Help)
If Content ID finds a content match with one of your YouTube videos, it will alert you and allow you to decide what action to take.
Depending on the circumstances and how the video was used, you may choose to order a takedown, earn AdSense revenue from it, or leave it alone 🤷♂️.
That said, if you find your original content on a YouTube video that is not registered with the Content ID program, such as music or video from another site, you will have to manually report the copyright infringement with a copyright takedown notice.
How to Issue a Copyright Takedown Notice on YouTube
If you find your original content used in a YouTube video without your permission, you can simply request 🙏 the person who posted it remove their video! This is by far the simplest way to handle copyright violations.
However, if they refuse, you can file a copyright takedown notice straight from YouTube.
YouTube’s copyright complaint form allows you to provide the URL 🔗 of the video that violates your copyrights. Then, you can identify the content that was used without your permission, such as your:
✳️ Original song 🎶;
✳️ Artwork 🎨;
✳️ Live performance;
✳️ Video 📹; or
Then, you will be asked to complete required fields to submit a DMCA takedown notice. More specifically, you will have to provide the copyright holder’s full legal name, address 🏠, and email address.
Note that your personal information submitted with this form will be shared with the infringer. Therefore, if you want to keep this information private, you should not submit a DMCA takedown notice.
Ultimately, once YouTube validates that your copyrighted material was indeed stolen, they will remove ⬇️ the video in question and give the channel a copyright strike.
However, DMCA takedowns also provide YouTubers the opportunity to file a counter notice to keep their video on the site.
In the case that you receive a counter notice to your takedown, you may either allow the video to remain on YouTube or bring the matter to court 🏛️.
Overall, if a copyright case seems to be heading to court, you should consult your social media attorney to ensure you have proper representation.