If your video has been mapped to the Content ID tool, you can submit a “dispute” and set it up again. This can be done via the “Copyright Notice” section for your videos and requires you to answer certain questions. Once you have submitted a dispute, the rights holder can maintain the Content ID claim and dismiss the dispute or release the claim. If your YouTube account is in good condition, you can appeal the rejected dispute at this point with a maximum of three calls at any one time. The rights holder can then either release the claim from the video or issue a DMCA takedown notification (more on this below). A rights holder has 30 days to review a Content ID dispute and 30 days to respond to an appeal against a rejected dispute. When you send a counter-notice to YouTube, you leave two options to the rights holder: either you allow the video to be restored after 10 business days, or you sue to keep it low (the rights holder may contact you and ask you to withdraw your counter-notice before the trial, but is not obliged to do so). So this is a higher stakes game than challenging a Content ID removal, as the rights holder doesn`t have a cheap and fast way to keep the video low unless they sue you. We encourage users to research copyright and consult with qualified counsel before sending DMCA counter-notices. If you suspect that it is possible that you could be sued, but still want to object or make a counter-notification, this would be a good time to seek specific legal advice (you can contact EFF, although we cannot promise to be able to help everyone).
But here is some general information. To determine fair dealing, copyright law provides a non-exhaustive list of factors, including the purpose and type of use, the nature of the copyrighted work, the quantity and relative importance of the party taken, and the impact of the use on the potential market. However, the filing of a counter-notification is not synonymous with litigation. The content creator must provide a full explanation of the creator`s valid fair dealing defense for the removal request. YouTube will then notify the copyright owner of the counter-notification and, pursuant to Section 512(g) of the Copyright Act, YouTube must restore the video 10 to 14 business days later. To send a notice of copyright infringement to YouTube, the copyright owner or their authorized representative must have access to a YouTube or Gmail account. Once logged into YouTube, you can send a copyright removal notice by clicking on the icon with the three dots under the counterfeit video or by clicking on this link. When YouTube receives a formal DMCA takedown notification from a rights holder, it removes the video.
It also puts a “strike” on your account and requires you to complete a mandatory session at its online “copyright school”. Once you`ve accumulated 3 hits on your account, YouTube will delete all your YouTube accounts, delete all your videos, and refuse to allow you to return as a YouTube account holder. Many videos trigger a response from YouTube`s “Content ID” tool (sometimes called a video identification tool). According to YouTube, this system “allows copyright holders to easily identify and manage their content on YouTube.” It works by comparing each downloaded video to a database of audio and video “fingerprints” submitted by rights holders. So, when you upload a video, the Content ID tool can recognize a song snippet used in that video, even if you never mention the name of the song or artist in the video description or video title. You`ll know if your video has been matched as there is a notice next to the video on the My Videos page. If a copyright owner submits a valid DMCA complaint through our web form, we will remove that video and enforce a copyright notice. If a user receives three copyright infringements within 90 days, their account will be terminated with all related channels.
We also have tools to help creators resolve their copyright infringements, including waiting for them to expire after 90 days, requesting a revocation, or filing a counter-notice. From the drop-down menu, there are many ways to select the content type. The first option includes content that has been legally uploaded to YouTube and is then uploaded again by another user. Other options include original songs, software, artwork, live performances, non-YouTube videos, copyrighted logos, and another category if the content is outside of the previous categories. If the re-download option is selected, the original YouTube download URL will be requested and the other options will ask for a title of the copyrighted content. There are then four options to choose from, the first two covers when the injury appears in the video, either the entire video or a timestamp is required if there is a clip in a video. The timestamp refers to the reported video, not the original footage. The third option covers when the violation occurs in the description field.
The last option is if the video or page does not contain counterfeit content, but points to another video or web page. To be clear, YouTube can delete the video that contains the link, but not remove the infringing content at the source. If the source is another YouTube video, it is recommended to report both videos in the same form by clicking the “+ Add another video” button. Whether a work is protected under the doctrine of fair use is very factual and the results often vary. Under the Digital Millennium Copyright Act (DMCA), which governs much of the space where copyright meets the internet, websites like YouTube must follow certain steps to ensure that copyright is not infringed. However, the rules introduced by YouTube are unclear, unfair, and counterproductive. Fair dealing, codified in 1976, acts as an affirmative defense that restricts the rights of copyright holders and allows the use of copyrighted works without the owner`s permission for purposes such as criticism, commentary, reporting, teaching, science or research. Because challenging a withdrawal can have potentially serious legal consequences, you should exercise caution when deciding what to do. The following is for general information purposes and does not constitute legal advice. We recommend that you contact a qualified lawyer if you wish to file a dispute or make a counter-notice to retrieve a video. Some of the details in this section have been covered above. Other details are full legal name, address and phone number.
Given the legal nature of this process, this section should include real and accurate details. To be clear, the full legal name is for the person filling out the submission form, whether it is a registrant as an individual or as a company. YouTube`s current copyright lawsuits are fraught with pitfalls that prevent content creators from creating and publishing new works. .