Dangers of Re-uploading Videos on YouTube (Explained)
Uploading videos created by others without permission is unfortunately a common occurrence on YouTube. However, re-uploading content you don’t own can have serious consequences for your channel. As a content creator, it’s critical to understand copyright law and best practices when using third-party content.
Why Re-Uploading Others’ Videos is Risky
You may be tempted to download and re-upload popular videos to drive more views and subscribers. However, this violates YouTube’s Terms of Service and leaves your channel vulnerable in multiple ways:
Copyright Strikes and Channel Termination
If the original creator files a DMCA takedown notice, your video will be removed. Accumulate three copyright strikes within 90 days, and YouTube will terminate your channel. This means the permanent loss of your subscribers, views, and videos.
Fines and Lawsuits
Re-uploading copyrighted videos can make you liable for substantial monetary damages. Under the U.S. Copyright Act, penalties start at $750 per infringed work but can climb into the millions for willful repeat offenders.
Damaged Reputation and Trust
By re-using others’ content without permission, you show blatant disrespect to creators. This breeds resentment rather than goodwill with peers in your niche. Over time, your reputation will suffer significantly.
Best Practices for Using Third-Party Content
While the risks are substantial, you can incorporate certain third-party videos into your YouTube channel legally and ethically by following these guidelines:
Seek Explicit Permission
Whenever possible, ask the original creator upfront if you can reuse their video in your own content. Specify exactly how and where you will embed/excerpt it. This good faith gesture goes a long way toward building trust.
Provide Attribution
Credit the original creator both verbally and with an annotation. Link back to their YouTube channel or website to drive traffic to their work. Proper attribution demonstrates respect and satisfies the original creator.
Commentary and Criticism
YouTube recognizes “fair use” of copyrighted videos for commentary, criticism, parody, news reporting, research, and education. Transform the original content by adding substantial commentary that offers a new perspective.
Limit Use
Even with attribution and commentary, only use the minimum necessary portion of a video to make your point. Never re-upload a third-party video in its entirety without explicit permission. The more you excerpt, the more problematic it becomes.
Dispute Resolution
If a creator requests you remove their content, respect their wishes immediately. You can also file a formal dispute if you believe your use qualifies as fair use. But understand that YouTube tends to side with the original creator by default.
Purchase Licenses
For popular songs, videos, and images, you can obtain licenses from stock media companies like Artlist, Epidemic Sound, Getty Images, and Adobe Stock. The fees add up but allow legal use.
What to Do If You Receive a Copyright Strike
Despite your best efforts, there is still a chance your video could receive a copyright strike. If this occurs, here are the next steps:
Remove the Infringing Video
As soon as you’re notified of the strike, delete the video from your channel immediately. This limits further access to the infringing content.
Review the Strike Details
Carefully inspect the strike notification and details about the claimant’s allegations. Make sure you understand what content they took issue with and why.
Dispute if Appropriate
If you have a good faith belief your video constituted fair use, file a formal dispute with YouTube. Provide a detailed explanation and wait for the claimant’s response.
Learn from Your Mistake
Think critically about what you could have done differently to avoid this strike. Use it as a learning experience for evaluating third-party content going forward.
Appeal as a Last Resort
If disputing fails, you can submit an appeal explaining why the strike should be removed. But without clear fair use grounds, appeals are rarely successful.
The bottom line is it’s not worth the risk to your channel and brand to re-upload videos without the proper permissions and licensing. While it might seem harmless on the surface, you open yourself up to severe consequences. By mastering copyright best practices instead, you can incorporate third-party content without legal issues.
FAQ About Re-Uploading Videos on YouTube
Can I dispute a copyright strike if I don’t agree with it?
Yes, in the strike notification email, there is an option to dispute the strike by providing a counter-notification explaining your position. YouTube will share it with the claimant for a response.
What happens if I get 3 copyright strikes?
If you receive three copyright strikes within 90 days, YouTube will terminate your channel and all its videos. You will also lose the ability to create new channels. Copyright strikes expire after 90 days if you don’t earn additional strikes.
Can I delete videos with copyrighted content without getting a strike?
Yes, if you voluntarily remove a video containing copyrighted content before receiving a takedown notice, it will not result in a copyright strike. This is the best practice if you realize your mistake quickly.
Is it legal to download a YouTube video and re-upload it?
No, you cannot legally download an entire video created by someone else and re-upload it without permission, even if you add commentary. This still violates copyright law and YouTube’s Terms of Service.
What are the penalties for repeatedly uploading copyrighted content?
Beyond channel termination, you can face fines of $200 to $150k per infringed work and up to 10 years imprisonment for criminal copyright infringement. Repeat offenders see much harsher penalties and damages.
Can I reuse short video clips under fair use?
Yes, short clips may qualify as fair use provided you add transformative commentary or criticism and use only the minimum necessary portion. But excessive use of the same creator’s content can still lead to strikes, even for short clips.
How long do I have to remove a video after receiving a copyright strike?
YouTube recommends deleting videos immediately after receiving a strike notification to limit further access. If you dispute, the video stays removed until the claim is resolved. Videos are usually removed within 24 hours if you take no action.
Can I get in trouble if someone else uploads my video content?
No, you cannot receive a copyright strike because someone else re-uploaded your original content. But you should still file takedown notices with YouTube to have the infringing videos removed. You retain full rights over your original videos.
In summary, exercise extreme caution when incorporating third-party videos into your YouTube content. Re-uploading full videos or lengthy clips without permission puts your channel at risk. Follow best practices for crediting creators, minimizing use, and disputing strikes in good faith. And above all, respect copyright law and other creators’ ownership of their work.
