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The articles on this blog are intended to empower the new generation of executives who expect lawyers and contract draftsmen to keep up with the speed and levels of responsiveness expected in the digital age. In today's rapidly evolving digital landscape, staying informed and increasing knowledge in specialised legal services is crucial for e-commerce and digital technology businesses. At PAIL® Solicitors, we understand the unique challenges faced by start-ups, business owners, professionals, business executives, creatives, writers and talent in protecting their intellectual property and navigating legal complexities. By focusing on continuous learning and expertise in these areas, our clients can safeguard their reputation, make informed financial decisions, and confidently expand into new markets.

Our blog provides valuable insights and updates on legal trends affecting all industries. With PAIL® Solicitors, you'll gain access to expert advice on mitigating risks, understanding potential legal barriers, and ensuring compliance when hiring international contractors or employees. By staying engaged with our content, your business will be better equipped to handle legal challenges, save time and money, and thrive in the competitive business marketplace.

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Copyright infringement on YouTube

Copyright infringement on YouTube

The first rule regarding copyright infringement on YouTube is that it differs from copyright infringement on other platforms. YouTube has its own interpretation of copyright laws. Production studios often ask us to draft contracts for consultants, contractors, clients, and others. These consultants monetise digital channels on YouTube with original content created by the studio for a TV series or other media channels. YouTube's significance to original content creators cannot be overstated. It has evolved significantly since the start-up idea conceived by co-founders Jawed Karim, Chad Hurley, and Steve Chen in 2005, initially intended for sharing personal videos with friends. It has transformed online video and likely television more broadly. For more statistics on YouTube’s dominance in the online video space, click here.

Copyright Infringement on YouTube, Advertising, and YouTube Content

If you are a producer, actor, musician, magician, or other talent, you can create a digital channel on YouTube and start monetising your content through advertising.

Before doing so, you must adhere to copyright laws as applicable on YouTube. You need to ensure that you possess full copyright to the content for commercial use before utilising it. This means you cannot include studio music, footage, or artwork for which you do not have rights. You may not display items such as logos, thumbnails, software interfaces, and games without the owners’ consent. Advertisers are cautious of user-generated content on YouTube infringing copyright, so to secure advertising opportunities, ensure that you have cleared all rights to your content.

To obtain permission, you should either contact the copyright holder directly or in some cases, organisations offer royalty-free licences for restricted use of the content, including footage and music, for a fee. Never gamble on the chance that you might not get caught. Verify ownership of content before using it. Consult a qualified lawyer if you are in doubt. While online legal services and chat rooms may be free or inexpensive, they could cost you more in the long run.

Copyright Infringement on YouTube, Permitted Acts “Fair Dealing” and Fair Use

In the UK, the Copyright, Designs and Patents Act 1988 (for further information, refer to the Copyright, Designs and Patents Act 1988 – UK Copyright Law) – Chapter III outlines acts permitted in relation to copyright works. Sections 29 and 30 contain the general permitted acts commonly called “Fair Dealing”. These limitations on the copyright owner’s rights are more restrictive than “Fair Use” in the US. You would not be able to rely on “Fair Dealing” or “Fair Use” for the commercial use of copyrighted content without permission on a YouTube video, and it is highly unlikely you would evade repercussions for non-commercial use (this would depend on the specifics of each case). YouTube employs a sophisticated Content ID system designed to detect and remove copyrighted content. Three take-down notices could lead to your ban from YouTube. In other words, copyright infringement on YouTube does not accommodate fair use in the way you might commonly understand it.

So, how do you begin monetising content on YouTube?

Monetising content on YouTube is quite straightforward. Simply enable content monetisation on your digital channel through your account settings. If your account is active (having not been blocked due to infringing copyright content), you will receive a notification indicating that you are now a YouTube Partner. You will then need to verify your account.

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To book a face-to-face consultation for commercial legal advice regarding a YouTube or mobile app video channel, contact a specialist solicitor (charge rates may apply and vary).

IP & Trademark LawPAIL® Support TeamPail Solicitorscontent, copyright, copyright infringement, Fair dealing, Fair Use, music lawyer, Music Lawyer London, PAIL Solicitors, Peter Adediran, You Tube