Eligibility for Content ID is based on various criteria including an owner’s demonstrated need to protect their work and evidence of the copyrighted content to which they control the exclusive rights. Such algorithmic enforcement mechanisms are sophisticated enough to find song “snippets as short as second across dozens of platforms worldwide.”Ĭontent ID is a database filled with selected copyrighted materials. Content ID limits the amount of DMCA takedown filings by filtering new works before they become available to the public. ISPs are considered to have knowledge of infringing material upon receipt of a takedown notice, so an inundation of takedown notices puts YouTube at risk of liability for delaying removal.Ĭonfronting a flood of takedown notices and in danger of losing safe harbor protections, YouTube developed a computer algorithm for filtering and blocking allegedly infringing content on its site. Such abuse overwhelms the process and impedes YouTube’s ability to remove material in a fair manner. If a third strike is issued before the other strikes expire, the creator’s channel is subject to termination.īecause of its ease of use and high impact, the DMCA takedown is susceptible to abuse. The first strike serves as a warning to the creator and expires after ninety days so long as the creator completes YouTube’s “Copyright School.”Ī second strike is usually accompanied with more channel restrictions, like loss of ability to livestream or de-monetizing videos.
YouTube developed its own “three strikes and you’re out” policy to comply with the conditions for eligibility for safe harbor protection.
YOUTUBE DMCA MANUAL
If a creator’s video is removed following a manual claim, the creator will receive a copyright strike on their account. YouTube will then notify the copyright owner of the counter-notice and, pursuant to §512(g) of the Copyright Act, YouTube must reinstate the video 10-14 business days later.
YOUTUBE DMCA FULL
The content creator must provide a full explanation of the creator's valid fair use defense to the takedown request. However, filing a counter-notice does not equate to litigation. The language is intimidating to the point where it is easier for many creators to accept the claim and the restrictions. Notification of a manual claim and the counter-notice procedure is drowned in legalese. While only a handful of companies track counter-notices in transparency reports, Twitter, Tumblr, Github, and Automattic report fewer than 1% of users file a counter-notice to a DMCA takedown. Though filing a counter-notice is simple, a majority of creators simply do not bother. After the creator is notified, they may either accept the takedown or file a counter-notice to YouTube. However, YouTube need only take reasonable steps to promptly notify content creators that their video has been removed. The request must be accompanied by the copyright owner's contact information, description of the copyrighted content they are seeking to protect, and a sworn statement of good faith belief that the video at issue uses copyrighted material without authority.Īfter a takedown request is filed, YouTube is required to expeditiously remove the allegedly infringing video.
Often these terms are used interchangeably, but they are not synonymous.Ī manual claim on YouTube is triggered when a copyright owner files a DMCA takedown request.
YouTube’s current copyright policy centers around two different mechanisms, the manual claim and the Content ID claim. Under the Digital Millennium Copyright Act (DMCA), which governs much of the space where copyright meets the internet, websites like YouTube are required to follow certain steps to ensure copyrights are not infringed however, the policies put in place by YouTube are unclear, unfair, and counterproductive.
Whether a work is protected under the fair use doctrine is highly fact-specific, and results often vary. To determine fair use, the Copyright Act provides a non-exhaustive list of factors including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the portion taken, and the effect of the use upon the potential market. This article highlights some procedures in YouTube’s copyright policy that content creators should be aware of.įair use, which was codified in 1976, operates as an affirmative defense that limits the rights of copyright holders and allows for the use of copyrighted works without the owner's permission for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. Most content creators on YouTube depend on the fair use doctrine, but navigating the ins and outs of YouTube’s copyright policy can be complex.
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