Fact Checking Copyright Claims Against YouTube Channels

Understanding copyright law and how it applies to YouTube can be confusing. With the proliferation of content online, copyright claims are increasingly common on the platform. As a YouTube creator, you may feel frustrated or bewildered trying to dispute claims against your channel.

Copyright strikes are scary yet common occurrences many YouTubers face. With over 500 hours of video uploaded to YouTube every minute, copyright claims are bound to happen as rightsholders monitor usage of their content.

However, some claims may be invalid or excessive. Fact checking gives you the power to verify claims and take appropriate action. Doing so properly is vital to avoid penalties like video monetization loss, channel termination, and legal consequences.

This guide will equip you to:

Understand YouTube’s copyright system and rules
Identify valid vs. invalid copyright claims
Learn the dispute and appeal process
Implement proactive measures against future claims

With the right knowledge and preparation, you can confidently manage copyright claims to protect your channel. Let’s get started.

YouTube’s Copyright System

YouTube operates on the principles of the Digital Millennium Copyright Act (DMCA) of 1998. This U.S. copyright law governs how online content and platforms handle allegations of copyright infringement.

In essence, copyright holders can request that YouTube removes videos containing their copyrighted content. YouTube then informs the uploader of the legal allegation.

How Copyright Flags Happen

Copyright holders or their agents monitor YouTube via Content ID. This automated system identifies and flags videos using copyrighted content by matching video or audio fingerprints.

Matches may be valid like re-uploads of movies or TV shows. But Content ID also makes mistakes, like flagging original videos that happen to use a copyrighted song clip.

When identified, videos get a copyright claim against them. The claim can block monetization or lead to more severe penalties.

Penalties for Copyright Violations

YouTube employs a “three strikes” policy regarding copyright issues:

Strike 1: Warning. Video blocked or monetization suspended.
Strike 2: Second warning. Same penalties as Strike 1. Some account restrictions applied.
Strike 3: Account terminated. All videos and channels associated with it removed.

Strikes expire after 90 days. Under a legal retraction process, copyright holders can also directly request that YouTube terminate channels with repeated infringement.

Fair Use Protections

Not all videos containing copyrighted material violate the law. Legally, content used for “fair use” constitutes an exception, including uses for:

Commentary and criticism
News reporting
Teaching and education
Parody

However, definitions of fair use are complex. Unless clearly justifiable, fair use claims will not succeed in disputing copyright flags. We’ll explore this more later on.First, let’s cover how to fact check copyright claims.

Fact Checking Copyright Claims

When hit with a copyright claim, verifying its accuracy is crucial. Valid claims must be addressed to avoid further penalties. But incorrect or questionable claims should be disputed.

Here is a step-by-step process for investigating claims:

1. Check Notification Details

Name of claimant – Individual, company, or service representing copyright holder
Content being claimed – Video, audio, images flagged
Severity – Strike status, monetization and distribution status
Reason given – Exact justification referenced

Note specifics like titles of copyrighted content, durations of audio/video clips flagged, descriptions of allegedly infringing imagery, etc.

2. Review Video Content

Next, analyze your actual video content being claimed:

Does it match the description from the claim?
Did you demonstrably use copyrighted content without permissions?
If yes, does the claim seem excessive or unwarranted?

If you created 100% original content yet still got a claim, it is likely invalid. Likewise, if you only used a tiny snippet of copyrighted material reasonably, the claim may be overreaching.

3. Research Copyrighted Content

To dig deeper, research details on the copyrighted content called out in the claim:

Verify the name/brand of content claimed
Who owns the copyrights?
Does the claimant match the actual copyright holder?
Is it under public domain or legal use licenses?

Resources to check include Wikipedia, IMDb, news sites, databases like Copyrighted, and licensing directories like Creative Commons.

4. Evaluate Fair Use Eligibility

Finally, determine if your video qualifies for fair use protections:

Did you comment on, critique, parody or reference the copyrighted content transformatively?
Is the clip/material claimed essential to your video’s educational or news commentary purpose?
Is the portion minimally required and not excessive?

Weigh these factors to judge possible fair use arguments.

With that four-step process, you can methodically investigate any claim’s accuracy. Now let’s break down how to recognize invalid claims worth disputing.

Identifying Invalid Copyright Claims

In researching claims, three main scenarios indicate a claim is questionable or invalid:

Incorrect Content Matching

With automated content fingerprinting, Content ID makes mistakes. Similarly, some claimants exploit the system by making overreaching claims.

If you verify your original content doesn’t actually match what’s claimed, the claim is bogus. Unfortunately, some entities take advantage by claiming public domain content or incidental audio that isn’t legally protectable.

Misrepresentation of Copyrights

Certain companies fraudulently claim copyrights they don’t actually own. Research into the content will reveal the actual copyright holder doesn’t match the claimant.

This occurs frequently with automated claims on music clips. The claimant represents they own rights by virtue of licensing agreements. But in reality, their license is narrow or they don’t represent that artist at all.

Fair Use Protection Applies

Even if you demonstrably did use copyrighted content, you still have a valid fair use defense. If your usage meets legal definitions of commentary, criticism, news reporting, teaching, parody, etc., the claim overreaches.

However, many platforms including YouTube set a high bar for fair use. Unless very clearly justifiable, fair use claims unfortunately often fail.

In any case, incorrect claims should not go unchallenged. Let’s explore how to properly dispute such claims.

Disputing Copyright Claims on YouTube

YouTube provides a dispute process creators can use one time per claim. It functions like an internal appeal to the claimant. You explain why their claim is invalid and should be retracted.

It is vital to dispute carefully and provide convincing evidence. Here are best practices to follow:

Act Quickly

You have just 30 days from notification to dispute a claim. After that, your only recourse is a costly federal lawsuit against the claimant.

Prioritize investigating and acting on claims promptly before losing dispute rights. For new channels, resolve claims within 14 days to qualify for YouTube Partner Program monetization.

Make an Evidence-Based Case

The key is constructing an evidence-backed argument. Avoid emotional language or unsubstantiated assertions. Stick to facts disproving allegations.

Describe how the claim doesn’t match your video content. Provide third-party resources verifying copyright ownership. Outline characteristics demonstrating fair use protections.

Submit any helpful documentation like licensing certificates, written permissions obtained, screenshots of edits made, etc. Make it easy for reviewers to grasp the justification.

Quote Relevant Laws

Reference specific clauses from copyright law and YouTube policies that support your position. For fair use claims, quote the DMCA. On misrepresented claims, cite YouTube’s Terms of Service against fraudulent claims.

Pointing to violations of official rules bolsters your credibility. It also hints that rejecting your dispute could prompt legal complaints on their non-compliance.

Maintain Professionalism

Avoid hostile language towards the claimant. You simply want to state the facts discrediting their allegations. Insulting them risks undermining your otherwise valid arguments.

Plus if they agree your claim was mistaken, maintaining professionalism keeps the door open to amicably reversing their actions.

With those tips, you can craft an air-tight dispute. For the best results, consult legal counsel to review your dispute case.

Next Steps If Dispute Rejected

Unfortunately, many valid disputes still get rejected. Copyright holders often stubbornly insist claims remain enforced. When that happens, you still have options to continue appealing the claim:

Submit DMCA Counter-Notice

If you have strong fair use or other protections backing you, file a DMCA counter-notice. This asserts under penalty of perjury that their claim violates the law.

YouTube is then compelled to restore your content within 10-14 days unless the claimant files a lawsuit. Be prepared to legally defend yourself if they do.

Appeal to YouTube Directly

YouTube does make exceptions for counter-notices they determine to show valid legal use. You can email creatorsupport@youtube.com to request additional review.

But without clear fair use rights, success rates are low. YouTube notoriously sides with copyright holders in questionable cases. Still, further appeals may yield better outcomes.

Consult Attorney About Lawsuit

As a last resort, you may choose to sue the claimant for misrepresentation or abuse of DMCA processes. This is expensive and risky, but in truly blatant cases of inaccurate claims, it may convince them to back down.

The threat alone of a lawsuit may prompt the claimant to retract if they suspect they don’t have a legal basis to stand on. Proceed with caution pursuing legal action.

While cumbersome, persistently appealing unjust claims can get them removed. Don’t let invalid copyright strikes go unchallenged.

Preventing Copyright Claims

No creator wants to deal with regular copyright claims and strikes. Beyond properly disputing bad claims, it’s wise to implement preventative measures:

Vet Content Before Publishing

Actively screen videos prior to making them public. Scrutinize use of third-party content. Determine if clips, images or audio warrant permissions or fall under fair use.

Err on the side of caution by minimizing use of unlicensed copyrighted material not essential to commentary purposes. This reduces infringement risks.

Seek Explicit Licenses/Permissions

When feasible, obtain expressed written permissions from copyright holders before incorporating substantial content from movies, songs, brands, etc.

Many media companies and content platforms have formal licensing request processes. Clear documentation protects you if claims arise on licensed works.

Attribute Copyrights Visibly

Diligently credit copyrighted works within your video itself (not just description). Audibly cite music tracks. Visually mention creators of clips used via text overlays.

Prominently acknowledging copyrights signals good faith efforts to avoid infringement.