YouTube Copyright Claims Lawyers: Content Protection

Understanding the Role of Copyright in the Digital Age

Copyright law in both the UK and the US protects original works of authorship, granting creators exclusive rights to their creations. In the context of digital media, this includes videos, music, and images uploaded on platforms like YouTube.

Understanding the copyright claim processes on YouTube can mean the difference between maintaining your content and facing removal. A copyright claim can stem from two primary sources: a copyright removal request or a Content ID claim.

 Every YouTube content creator should know the distinctions between copyright removal requests and Content ID claims. YouTube has two primary methods for addressing copyright infringement issues:

• Its proprietary system, Content ID, operates according to its community guidelines; and

•  The DMCA (Digital Millennium Copyright Act) copyright notification is a formal legal request to remove content due to copyright violations.

 These two approaches have several key differences when handling allegations of copyright infringement.

Proprietary Content ID 

Copyright allegations initiated this way are fully automated through the YouTube Content ID program. This means that bots initially handle the copyright claims. This can either happen uninitiated, because the bots flag your content as being in breach of the community guidelines, which includes several matters that are in violation of the community guidelines, including copyright, or initiated by the copyright claimant by submitting a copyright removal request. If a copyright claimant uses the Content ID process, there are more options for handling the content, depending on the copyright owner's settings.

DMCA Copyright Notification

A copyright claimant can notify YouTube about an alleged copyright violation through the DMCA Takedown Request web form, or by sending an email, fax, or letter. If a claimant submits a DMCA takedown request and YouTube deems it valid, the platform must remove the video and issue a copyright strike. The uploader then has the opportunity to submit a counter-notification. The copyright strike will apply if the claim is upheld and the video remains taken down after the counter-notification. The copyright claimant must provide YouTube with their contact information, a detailed description of the material they wish to protect, and a sworn statement affirming that they believe the material is being used without proper permission.

What Happens if a Copyright Claim is Made Using YouTube’s Proprietary Process?

After submitting a claim through this process, YouTube bots review it to ensure it contains the necessary information according to applicable copyright law and shows no signs of abuse. If the removal request passes this review, YouTube will remove the allegedly infringing content to comply with copyright law, and a copyright strike will be applied to the uploader's channel.

There are Three Options If You Receive a Copyright Strike: 1. Wait for expiration 2. Request a retraction 3. Appeal the removal.

However, the claimant may not request the takedown of the video. A claimant on YouTube can choose options besides a takedown request when their content is infringed, depending on their Content ID settings.

If a YouTube video receives a Content ID claim, the uploader can defend themselves by disputing it. Unlike a traditional copyright claim (DMCA takedown), a Content ID claim does not automatically result in a copyright strike on your channel. After reviewing your dispute, the copyright holder can release or maintain the claim. 

1. Dispute the Claim: You can formally challenge the claim if you believe you have the rights to the material.

2. Mute or Replace Content: This action will remove the claim and allow you to monetise the video again.

3. Do Nothing. This will let the copyright holder collect ad revenue from your video.

If you dispute the claim, the rights holder has thirty days to respond. If there’s no response, the claim automatically expires after thirty days. Should the rights holder reject your dispute, you can appeal, allowing them another thirty days to respond. They can either release the claim, request removal of the video, or issue a delayed takedown, giving you seven days to act and avoid a copyright strike.

YouTube Copyright Strikes Process

Upon receiving your first strike, you will be issued a warning that remains active for 90 days. You have the option to attend copyright school or appeal the strike. Alternatively, you may choose to take no action. For one week, there will be restrictions on your channel. After this week, your privileges will be restored; however, the strike will still be noted on your account for 90 days. The second strike, similarly, lasts for 90 days. You cannot post content for two weeks, but your posting privileges will be reinstated afterward. The strike will continue to be visible on your account for 90 days. Accumulating three strikes within a 90-day period will result in the permanent removal of your YouTube channel. Each strike remains effective for 90 days from its issuance.

Case Study 1: Successful Counter-Notification

We represented a YouTube creator who received a DMCA takedown notice that struck down a key video with thousands of views. After seeking our assistance, we prepared a strong counter-notification demonstrating that the video fell under the fair use exception. The claim was retracted, and the video was reinstated, restoring the creator's audience engagement and income.

Case Study 2: Proactive Licensing Agreement

In another instance, a social media influencer faced repeated Content ID claims that jeopardised their monetisation. We negotiated a licensing agreement with the copyright claimant before further claims could be made. This pre-emptive action protected the influencer's revenue stream and fostered a positive relationship with copyright holders.

At our firm, we understand copyright law's complexities and the challenges content creators and uploaders face. Whether you are a creator seeking to make a copyright claim against unauthorised use of your work or an uploader facing a copyright claim, we provide robust legal assistance tailored to your needs.

For Content Creators: We help you assert your rights effectively by preparing strong copyright claims that protect your original content. Our experienced team will guide you through the process, ensuring that your claims are well-documented and supported by evidence, maximising your chances of a successful outcome.

For Uploaders: We are equally committed to defending your interests if you face a copyright claim. Our legal experts will analyse the claim, gather necessary evidence, and assist you in submitting a counter-notification or dispute. We aim to protect your content and ensure that your rights are upheld throughout the process.

By offering comprehensive support to both sides, we foster a balanced approach to copyright issues in the digital landscape. Contact us today to learn how we can assist you, whether you are defending your work or seeking to protect your rights as a creator.

You have several options: you can dispute the claim, mute or replace the copyrighted material, or allow the copyright holder to collect revenue. Understanding which action to take can make a significant difference.

A first strike serves as a warning and lasts 90 days; if you receive a second strike, you cannot upload content for two weeks. A third strike may result in your channel being permanently removed.

With 25 years of dedicated experience as YouTube copyright claims lawyers, we offer tailored advice and representation that enhances your chances of a successful outcome. Our deep understanding of the digital landscape enables us to efficiently manage reactive and proactive copyright matters.

We meticulously craft precise legal documents that articulate your case, emphasising aspects such as fair use and absence of infringement. Our experienced team ensures your rights are thoroughly protected throughout the process.

We charge a fixed fee for the initial consultation and an additional fee for the customer notification or licensing agreement with the copyright claimant.