Copyright-2015
YouTube
respects the rights of copyright holders and publishers and requires
all users to confirm they own the copyright or have permission from the
copyright holder to upload content. YouTube complies with the
Digital Millennium Copyright Act (DMCA) and promptly remove content when
properly notified. Repeat infringers' videos are removed and their
accounts are terminated and permanently blocked from using YouTube.
| Copyright Tips |
Posting
copyright-infringing content can lead to the termination of your
account, and possibly monetary damages if a copyright owner takes you to
court. Here are some guidelines to help you determine whether your
video is eligible or whether it infringes someone else's copyright.
| How To Make Sure Your Video Does Not Infringe Someone Else's Copyrights |
The
way to ensure that your video doesn't infringe someone else's copyright
is to use your skills and imagination to create something completely
original. It could be as simple as taping some of your friends goofing
around, and as complicated as filming your own short movie with a
script, actors, and the whole works. If it's all yours, you never have
to worry about the copyright—you own it!
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video is infringing the copyrights of others, and YouTube will take it down as soon as they become aware of it.
Be sure that all components of your video are your original creation—even the audio portion. For example, if you use an audio track of a sound recording owned by a record label without that record label's permission, your video is infringing the copyrights of others, and YouTube will take it down as soon as they become aware of it.
| Commercial Content Is Copyrighted |
The
most common reason videos are removed for copyright infringement is that
they are direct copies of copyrighted content and the owners of the
copyrighted content have alerted YouTube that their content is
being used without their permission. Once they become aware of an
unauthorized use, they will remove the video promptly. That is the law.
Some examples of copyrighted content are:
Some examples of copyrighted content are:
- TV shows
- Including sitcoms, sports broadcasts, news broadcasts, comedy shows, cartoons, dramas, etc.
- Includes network and cable TV, pay-per-view and on-demand TV.
- Music videos, such as the ones you might find on music video channels.
- Videos of live concerts, even if you captured the video yourself.
- Even if you took the video yourself, the performer controls the right to use his/her image in a video, the songwriter owns the rights to the song being performed, and sometimes the venue prohibits filming without permission, so this video is likely to infringe somebody else's rights.
- Movies and movie trailers.
- Commercials
- Slide shows that include photos or images owned by somebody else.
| A Few Guiding Principles |
- It doesn't matter how long or short the clip is, or exactly how it got to YouTube. If you taped it off cable, videotaped your TV screen, or downloaded it from some other website, it is still copyrighted, and requires the copyright owner's permission to distribute.
- It doesn't matter whether or not you give credit to the owner/author/songwriter—it is still copyrighted.
- It doesn't matter that you are not selling the video for money—it is still copyrighted.
- It doesn't matter whether or not the video contains a copyright notice—it is still copyrighted.
- It doesn't matter whether other similar videos appear on our site—it is still copyrighted.
- It doesn't matter if you created a video made of short clips of copyrighted content—even though you edited it together, the content is still copyrighted.
| What Will Happen If You Upload Infringing Content |
Anytime YouTube
becomes aware that a video or any part of a video infringes the
copyrights of a third party, the law requires taking it down from the
site. If you believe that a video on the site infringes your copyright,
send a copyright notice and YouTube will take it down. If you believe that YouTube
removed a video that you uploaded in error and that you are the
copyright owner or have permission, you can file a counter notice.
Using Some Copyrighted Content in Your Videos.
While videos that are direct copies of someone else's content are clear copyright violations, there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song may be legal even without permission. This is known as the "fair use" principle of copyright law.
To determine whether a particular use of a short clip of a copyrighted video or song qualifies as a "fair use," you need to analyze and weigh four factors that are outlined in the U.S. copyright statute. Unfortunately, the weighing of these four factors is often quite subjective and complex, and for this reason, it's often difficult to determine whether a particular use is a "fair use". If the copyright owner disagrees with your interpretation of fair use, the copyright owner may choose to resolve the dispute in court. If it turns out that your use is not a fair use, then you are infringing the copyrights of the owner and you may be liable for monetary damages.
Using Some Copyrighted Content in Your Videos.
While videos that are direct copies of someone else's content are clear copyright violations, there are certain very limited circumstances in which the use of very short clips of a copyrighted video or song may be legal even without permission. This is known as the "fair use" principle of copyright law.
To determine whether a particular use of a short clip of a copyrighted video or song qualifies as a "fair use," you need to analyze and weigh four factors that are outlined in the U.S. copyright statute. Unfortunately, the weighing of these four factors is often quite subjective and complex, and for this reason, it's often difficult to determine whether a particular use is a "fair use". If the copyright owner disagrees with your interpretation of fair use, the copyright owner may choose to resolve the dispute in court. If it turns out that your use is not a fair use, then you are infringing the copyrights of the owner and you may be liable for monetary damages.
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