DMCA Penalties & Copyright Violations On YouTube (Guide)
The Digital Millennium Copyright Act (DMCA) is an important law that impacts creators on YouTube. It helps protect copyrighted material while also giving YouTube creators tools to address incorrect copyright claims. However, violations of the DMCA can result in serious penalties. This comprehensive guide will provide an overview of DMCA penalties, help YouTube creators understand how to avoid copyright issues, and offer advice if faced with a penalty.
What is the DMCA?
The DMCA is a US law passed in 1998 that updated copyright law for the digital age. It aims to prevent unauthorized access and copying of copyrighted works while also limiting liability of online service providers for copyright infringement by users.
Key sections related to YouTube creators include:
- Safe Harbor Provision – Protects YouTube/Google from liability for copyright infringement by users as long as they follow DMCA takedown procedures in good faith.
- Notice and Takedown Procedures – Copyright owners can request removal of infringing content via a DMCA takedown notice. There is a counter-notice process for incorrect claims.
- Penalties for Misrepresentation – Perjury, loss of Safe Harbor protections and other penalties for those who knowingly misrepresent information in DMCA notices.
DMCA Penalties for YouTube Creators
YouTube creators who fail to comply with parts of the DMCA related to copyright infringement and takedown notices may face account level penalties imposed by YouTube including:
Copyright Strikes
- Receiving multiple copyright strikes can lead to temporary or permanent loss of your YouTube account and channels.
Loss of Monetization
- Severe copyright issues may result in temporary or permanent demonetization which removes your ability to earn money from the YouTube Partner Program.
Legal Liability
- In serious cases of willful, repeated copyright infringement, creators may face legal consequences including fines or even jail time.
It’s critical for creators to have a strong understanding of copyright law and how to avoid violations that could put their channel at risk.
Avoiding Copyright Problems on YouTube
While penalties can be severe, most creators can avoid copyright issues by simply respecting others’ work and leveraging tools YouTube provides:
Original Creations
The easiest way to avoid any copyright concerns is to only upload videos featuring your own original creations. Use content you have full rights to use.
Commentary and Criticism
Fair use laws allow limited use of copyrighted materials for commentary, criticism, parody and other transformative works. Ensure use falls under fair use.
Licensed Music and Content
YouTube offers various ways creators can license music and other content directly so it can be used legally in videos. Several paid and free options are available.
Dispute False Claims
If you receive a copyright claim on original content or content that falls under fair use, you can dispute the claim by submitting a DMCA counter-notification.
Edit or Remove Claimed Videos
If you do receive a legitimate claim, you can edit the video to remove the content or take the video down completely to resolve the issue.By sticking to these best practices and leveraging YouTube’s licensing options, most creators can avoid copyright issues entirely.
What to Do if You Receive a Copyright Strike
Even if you aim to avoid copyright problems, mistakes happen. Receiving a copyright strike on your channel is serious but there are steps you can take to resolve issues and get back in good standing:
Understand the Claim
Carefully review the copyright claim notification email. It should identify the complainant, infringed work and process to resolve the issue. Make sure you understand what content is affected.
Remove or Dispute Content
You can edit or remove a video to address the identified issue. Or if you believe its an incorrect claim, formally dispute by submitting a DMCA counter-notification.
Appeal the Strike
If editing/removing content does not work and the strike remains, you can submit an appeal to YouTube. Success often depends on showing you acted in good faith and removed content.
Wait Out the Strike
Copyright strikes expire after 90 days as long as you complete copyright school. Take time to educate yourself and be more careful moving forward.By acting quickly and making a good faith effort to address the claim, most creators can resolve an isolated strike with some patience. However, repeat violations result in more serious consequences.
Penalties for Multiple Copyright Strikes
Receiving multiple copyright strikes within a short span indicates a pattern of infringing behavior and can quickly escalate penalties:
First Strike
- No immediate impact beyond removal of infringing content.
- Strike expires after 90 days if copyright school is completed.
Second Strike (Within 90 Days)
- Removes ability to upload content for 2 weeks.
- Strikes both expire after 90 days if copyright school is completed.
Third Strike (Within 90 Days)
- Removes ability to upload content for 2 weeks.
- Terminates the channel associated with the strikes.
- Can create a new channel but strikes carry-over, resulting in permanent ban after one more strike.
Once a channel is permanently banned, you will no longer be allowed to create any other YouTube channels.
Severe Cases of Willful Copyright Infringement
In the most severe cases of purposeful, large-scale copyright infringement, YouTube creators open themselves up to severe legal and financial consequences beyond YouTube’s penalties.
Fines
Statutory fines range from $750 to $30,000 per infringed work in normal cases. But fines up to $150,000 per work are possible in especially egregious cases.
Jail Time
While rare, some cases have resulted in jail time for offenders, especially for commercial gain or distribution of pre-release works.
Lawsuits
Copyright owners may file a lawsuit for damages suffered due to infringement. If infringement is found to be willful, high financial judgments are possible.Criminal prosecution is rare but highlights the legal severity of willful copyright infringement. It is critical creators respect others’ intellectual property.
Best Practices to Keep Your Channel in Good Standing
While penalties can be daunting, any creator can avoid copyright issues by sticking to these best practices:
Understand Copyright Law
Educate yourself fully on copyright requirements, fair use and other laws impacting YouTube creators. Ignorance of the law is no defense.
Audit Your Content
Review your full video library and remove or edit any content that could face valid copyright claims, even minor background music. Prevention is key.
Dispute Invalid Claims
Don’t be afraid to formally dispute any claims you truly believe to be invalid or that qualify as fair use. But be prepared to remove content if disputed.
License Music and Content
Leverage YouTube’s paid and free content libraries whenever possible for background music, sound effects, historical footage etc.
Stay On Top of Notifications
Review notifications frequently and address any copyright claims quickly to prevent escalation to more serious strikes and penalties.Following these practical steps religiously will help any creator steer clear of copyright issues and keep their channel in good standing.
Frequently Asked Questions
What are the penalties for different types of copyright violations?
Penalties range depending on factors like commercial use, number of repeated violations, distribution scale and more. They can include video removal, channel strikes, demonetization, account termination, fines up to $150k per work infringed, and even jail time in the most severe criminal cases.
Can I dispute a copyright claim from a company on a short clip I used?
Yes – you can submit a formal DMCA counter-notification if you believe the content qualifies as fair use or is an invalid claim. Be prepared to edit or remove the content if disputed though. Getting legal advice may help for more complex cases.
What happens if I get 3 copyright strikes?
Receiving 3 copyright strikes within 90 days will result in the immediate termination of your channel. You can create a new channel but further strikes carry over, resulting in a permanent YouTube ban after one more strike.
How long do copyright strikes last?
Copyright strikes expire after 90 days as long as you complete YouTube’s copyright education program. However multiple strikes extend past 90 days, carry over and can quickly escalate to channel termination.
Can I get sued or fined outside of YouTube for copyright infringement?
Yes, you may face additional legal consequences like lawsuits or fines from $750 up to $150k per infringed work in severe criminal cases. Pursuing the harshest legal penalties is rare though.
What is the fastest way to get a copyright strike removed from my channel?
The fastest resolution is to immediately remove or edit videos containing infringing content at issue. Strikes are often automatically released once the identified content is addressed. Appealing the strike may also help.
How do I prevent copyright claims on my gaming or music review channel?
Use only short snippets of games/music that qualify as fair use commentary. Do not play full-length songs or stream entire games without permission. Licensing music legally also helps avoid claims.
Can I reuse content if I don’t monetize it?
No, you must have the rights to reuse content whether its monetized or not. However, penalties may be less severe if infringement is not for blatant commercial gain. But strikes, channel termination, and legal damages are still possible.
What are the most common copyright mistakes I should avoid?
Using unlicensed full-length music, reuploading others’ videos entirely, showing full movies/TV shows without commentary, distributing pirated content or pre-release works illegally obtained. These almost always lead to penalties.