Disputing False Copyright Claims Against YouTube Creators
Over the past few years, false copyright claims have become an increasing problem for YouTube creators. These bogus claims are filed by scammers and trolls in an attempt to monetize or take down creators’ videos, often causing frustration and lost revenue.
With over 500 hours of video uploaded to YouTube every minute, it’s impossible for YouTube to thoroughly vet each copyright claim. Under the Digital Millennium Copyright Act (DMCA), YouTube must remove content after receiving a takedown notice and rely on creators to dispute invalid claims.
Fortunately, the dispute process is free and doesn’t require legal knowledge. However, it can still be daunting for creators unfamiliar with YouTube’s copyright system. That’s where this guide comes in.
Below you’ll find tips and step-by-step instructions to help you recognize false claims, gather evidence, and successfully dispute strikes against your channel. With the right approach, you can get bogus claims dismissed quickly and protect your hard work.
Recognizing False Copyright Claims
The first step is identifying invalid copyright claims in the first place. Here are some common indicators:
The Claimant is Unknown or Suspicious
Copyright claims on YouTube should come from individuals or companies that actually own the content in question. If you don’t recognize the name of the claimant or can’t find any information about them online, treat the claim as suspicious.
False claimants often use pseudonyms or shell companies to hide their identity. But legitimate copyright holders should be easily verifiable.
The Disputed Content is Your Own Creation
If you created the video or music being claimed, then it’s obviously an invalid claim. Dispute immediately — the content belongs to you.
However, bear in mind that clips from TV shows, movies, or songs can still be claimed as copyright infringement even if you’re commenting over them. Dispute the claim, but you may need to remove the third-party content.
The Video Has Been Online for a Long Time
If your video has been public for months or years before receiving a claim, it raises red flags. Why did the “owner” wait so long to assert their rights?
Valid claims typically come soon after upload or when a video starts getting popular. Bogus claimants often target successful videos in hopes of cashing in.
The Claims are Numerous or Absurd
If you receive multiple copyright claims simultaneously or the claims assert rights over content clearly in the public domain, something fishy is going on.
False claimants often dispute in bulk across channels or make exaggerated, even nonsensical claims. No reasonable person would believe the claimant actually owns SpongeBob SquarePants or the alphabet song.
You Have Explicit Commercial Licensing
If you’ve paid for commercial use rights to the disputed content, then copyright claims are invalid. Even if the claimant does technically own the material, your license allows you to use it — dispute away!
Be sure to hang onto your licensing paperwork though. You’ll need to provide proof to get these bogus claims dismissed.
Gathering Evidence to Dispute Claims
Solid evidence is crucial for any copyright dispute. YouTube’s system is automated, so disputing requires proving your case to an unbiased audience.Here are key types of evidence to include:
Proof of Ownership
For claims against your original work, provide documents showing your rights. This can include:
- Written or verbal statements confirming you created the content
- Raw project files like PSDs, scripts, or MIDI files
- Licensing agreements granting you commercial use rights
Essentially you need to prove to YouTube that you or your team are definitively the content owners here.
Fair Use Documentation
If you used copyrighted work legally under fair use exemptions, explain your case. Helpful evidence includes:
- Commentary audio showing transformative critique, commentary, etc.
- Video topic and purpose proving news reporting, education, etc.
- Amount used highlighting only small portions were necessary
Show YouTube exactly how your video aligns with fair use standards. Educate them on which exemption applies and why.
Release Forms
For disputes involving individuals like music artists or actors, written consent is invaluable.
- Appearance releases grant you commercial rights to feature someone’s likeness.
- Performance releases allow you to broadcast copyrighted materials like music or poetry.
Without releases, these claims may stick even if you have verbal permission from the creator. Get it in writing!
Claimant History
Showing a pattern of false claims can help your case. Provide:
- Channels affected by the same claimant recently
- Retraction records of past disputed claims by this entity
See if anyone else has flagged this claimant to YouTube for abuse. If so, reference their disputes as well.
Step-by-Step: Disputing a Copyright Claim
Once you’ve gathered your evidence, it’s go time. Follow these steps to officially dispute a copyright claim:
1. Click “Dispute”
From YouTube Studio, go to the Copyright tab and find the claim you wish to dispute. Click the “Dispute” button to begin.
2. Select Your Reason
YouTube provides preset dispute reasons including:
- I have a license or written permission
- My use was fair use
- The claim is incorrect; I own this content
Or choose “Other” to explain a custom reason. Select the option that best fits your situation.
3. Explain Your Case
In the text box, clearly make your case for why this claim is invalid.
- Summarize why the selected reason applies to your video
- Include specific evidence like ownership documents
- Insert links to supporting info if needed
You have 1,000 characters, so be concise but compelling.
4. Check the Terms of Use
Read YouTube’s dispute policies and check the box to agree.
5. Submit Your Dispute
Double Check Your Video Claim
Double check that your video title and claimant name match the claim. Click “Submit” when you’re ready. YouTube will email both you and the claimant with the results once a decision is made. This can take from 1 week up to a month.
Appealing Rejected Disputes
If your initial dispute gets rejected, you can request an appeal within 90 days. New evidence often helps overturn decisions upon appeal. Consider getting written statements, licensing paperwork, or documented fair use analysis if you don’t have them already.
Also be sure to emphasize any proof of the claimant’s invalidity or questionable practices. Demonstrating their lack of actual rights can convince YouTube to retract the claim. With strong enough evidence, there’s an excellent chance of the appeal succeeding. So don’t give up!
Preventing Future False Claims
Getting hit with false copyright claims feels lousy, so let’s stop them from happening again. Here are some key prevention tips:
Vet All Third-Party Content
Don’t assume you have the rights to share something just because it’s online. Actually contact creators to request licensing for commercial use. Without explicit permission, you’re opening yourself up to claims.
Dispute Quickly
Catch bogus claims early before they become strikes. Dispute within the first 1-2 weeks for the best results.You want to reassure YouTube it’s a false alarm before the claimant digs their heels in deeper.
Watermark Your Content
Make stolen content obvious by adding channel logos and usernames visibly on your thumbnails and videos.Watermarking helps dispute claims and deters theft attempts. It’s like branding cattle — put your mark on what’s yours!
Stay Organized
Keep licenses, releases, written permissions, and dispute records accessible in cloud storage or a designated folder.You never know when you’ll need to grab past evidence to fight another claim.
FAQ: False Copyright Claims
Still have questions? Here are answers to some frequently asked questions:
What happens if I get too many copyright claims?
Too many claims, especially within a short span, can lead to channel strikes. Three strikes in 90 days results in your channel getting removed. So dispute carefully!
Can I sue over false claims?
You typically can’t sue solely over false claims unless you can prove the filer knowingly misrepresented ownership. However, losing revenue from inactive videos during disputes may justify legal action. Consult a lawyer.
What about fair use?
Fair use protects your right to use copyrighted materials under certain conditions without permission. But you still need to prove your use qualifies, usually through documentation. Don’t assume fair use will hold up on its own.
Should I edit out disputed content?
If you don’t have licensing, removing short copyrighted clips is usually the fastest path to getting claims retracted. You can dispute the validity, but expect drawn out legal back and forth. Just cutting the content may save you headaches.
What about music claims?
Disputed music often gets immediately reclaimed via YouTube’s automated Content ID system. You’ll likely need to remove any unauthorized commercial music entirely to avoid repeat claims.
In Closing
Copyright disputes on YouTube don’t need to be scary or frustrating. Arm yourself with knowledge of the policies, document your rights, and stick to the procedure.
You worked hard on your content and deserve to show it to the world. With the right system in place, you can brush off bogus claims and focus on creation. Don’t let schemers steal the fruits of your labor!
What tips do you have for disputing false copyright claims? Share your thoughts and experiences in the comments below!
