Copyright policies on YouTube: everything you need to know before uploading your videos (2019) – Marketing 4 Ecommerce – Your online marketing magazine for e-commerce

The tricky issue of copyright is not well defined in the digital environment, since in many cases it is not clear what uses of the content are legitimate and which ones don’t. A significant example of this is the state of the policies of copyright on Youtube. Can we use any music, image or clip in our videos?

In one of his videos, he already masterfully explained how legitimacy usually works of copyright on the platform. In this article we dedicate ourselves to breaking down the matter a little more.

Previous aspects to take into account about copyright on YouTube

First of all, it must be underlined that the method that preserves the legitimacy of the copyright of the works published on YouTube many times does not walk parallel to the legal system. Within the long and vast Internet – with microcosms like YouTube – most cases of copyright infringement they do not get to litigate.

It is obvious that those responsible for audiovisual works they will not censor to everyone who makes inappropriate use of their movies, series or songs. It is an impossible exercise. And to this we must also add that the laws in each country are different.

Content ID or how to manage copyright on YouTube

Regarding how copyright is managed on YouTube, copyright owners can use a tool called to ensure that your copyrighted content is not uploaded to the platform. The Content ID is a system created by the social network that compares each uploaded video with a database:

  • First, the owners of the rights send a sound or visual file with the contents. This will be the reference that Google uses to identify your work
  • google create a digital footprint of those contents, what happens to the database
  • Content ID takes care of compare the videos uploaded by youtubers with that database, trying to identify if anyone has used any of the copyrighted content
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In the event that something matches an original work, a Content ID claim is issued and YouTube gives the rights owner three options:

  1. block the video (block worldwide) so that it is inaccessible to everyone.
  2. Monetize it: make a profit economically through ads without vetoing the video on the platform.
  3. Follow up of the playback statistics (for example, the countries where that video is most popular).

Typically, rights owners choose to earn revenue through advertisements and sometimes to share these Benefits with the person who uploaded it.

… although it is not a perfect system

The problem with this tool is that it is not a definitive system of legal validity. That is, the Content ID algorithm only detects if a movie, series or song was used; says nothing about if that use is lawful or not.

In spite of everything, if the system mistakenly identifies a video that has all the rights of use and the youtuber receives the communication from the social network, it can be . In that case, a form must be filled out and the claim will be temporarily withdrawn.

From there, the copyright owner can do three things: withdraw the claim, keep it or ask that remove the video. In the latter case, the user will be sent a notice (strike) for copyright infringement, but the creator of the reported video can still file an appeal.

Copyright infringement on YouTube

Even if a legitimate use of the works is made and the Content ID filters are overcome, it can happen that when uploading a video someone -often people hired by the copyright owners- issues a warning for copyright infringement.

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Unlike Content ID, which allows agreements to be reached between YouTube and content owners, a breach of this type is applied in accordance with the relevant legislation. These notices are the most dangerous because at three warnings or strikes in less than 90 days YouTube will cancel the channel.

However, there are times when many channels are closed even though they comply with the law because there is no one on YouTube to verify that all these notices have really legal backing. However, in this case it is also possible to send a to restore the video.

Music policies: song copyright management

To better manage copyright on YouTube, there is also a directory for songs, , in which it tells you by song what can happen to your video if it detects it inside. It is a very good tool to see what can happen. Sometimes the only thing that will happen is that they will give you the income from the advertisements to the rights owners and they will leave the song to you (even so, this is not a legal guarantee of anything, the rights owner can always change his mind at any time).

And what about the covers?

With the covers, those versions of songs made by youtubers, something similar happens to what we have already discussed with the original works: It is illegal upload a video singing a song that is not yours. There’s no turning back. There would be the remote possibility of acquiring a sync licensebut this option is very complicated because these permissions are negotiated individually with the record company.

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So what people do is upload your covers and that’s it, although the consequences that may have are the same than with the original works. That said: the major record companies are not going to bother to denounce everyone who does a version of a song.

Summary: a slightly unstable scenario

In short, the state of copyright on YouTube is a scenario a little unstable. Practically everything is limited to a matter of luck: knowing if you’re going to be lucky and the copyright owner does not catch you and therefore does not report your video.

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