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Copyright Claims on YouTube?

October 10, 2017

If you have been posting videos on YouTube for any significant amount of time, you have likely had to deal with some kind of copyright issue by now.  This article will provide you a list of steps you can take to determine how you would like to handle your next copyright issue

  1. Determine if the material in question is copyrighted - With respect to YouTube videos, so long as the video is an original work, you should automatically own copyright to the video.

  2. Consider if the use of your copyrighted material might be "fair use" -
    The fact that you own copyright to material does not necessarily mean nobody can ever use it without first obtaining your permission.  Some factors that might be considered when determining if unauthorized use of copyrighted material is acceptable include whether the questionable use is a direct copy of the original, whether the original work is factual or fictional, the amount of the original work used, and the effect the copied video might have on the copyright owner's ability to profit from the original work.

  3. Submit a Copyright Claim - If you are confident somebody is using your copyrighted material without permission, and that the use of your copyrighted material is beyond "fair use," you can submit a Copyright Claim using YouTube's webform, which can be found here.

  4. Select "Copyright Infringement" - Click on the 6th option from the top in the first window, which looks like this:

  5. Select Who is Affected - Indicate if you, your company, a client, or another person is affected by the infringement  

  6. Provide Information about Videos - Provide the URL the video that allegedly infringes on your copyright and some information about the protected work

  7. Provide personal contact information if you want DMCA claim filed

  8. Confirm this claim is made in Good Faith

  9. Consider Applying for YouTube's Content ID System or Content Verification Program - You can learn more about this here and here.

  10. Contact an Attorney if YouTube's service is insufficient for your copyright issue

 

Hopefully, this will help point you in the right direction for resolving your copyright issue.  If you have specific questions about a copyright issue, or any other legal matter, please set up a telephone consultation.  If you would like to request that I prepare articles on any specific topics, please email me your ideas.

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