Preventing YouTube Termination: DMCA Strikes Explained

Preventing YouTube Termination: DMCA Strikes Explained

Getting DMCA strikes and potentially losing your YouTube channel can be devastating. YouTube’s copyright system is designed to respect copyright law and protect creators, but it can sometimes feel opaque and unforgiving when your channel is at risk.

This comprehensive guide will provide clarity, hope, and most importantly, actionable advice to keep your channel in good standing. I’ll cover what leads to strikes, strategies to avoid them, damage control if you do get strikes, and prevention of channel termination.

With the right knowledge and precautionary steps, your channel can thrive for years without any existential threats from copyright claims. Let’s get into it!

Common Issues Leading to Strikes

Using Copyrighted Materials Without Permission

The most straightforward cause of strikes is the use of recognizable copyrighted materials without license or permission – whether music, video clips, or images. YouTube’s automated Content ID system is very effective at detecting unauthorized usage.

Getting strikes for these types of infractions can be easily avoided by either obtaining licenses, utilizing royalty-free content, or only using short portions of copyrighted material for commentary and critique. We’ll explore proper usage of copyrighted content later in the guide.

Disputing Claims Improperly

When you receive a Content ID claim or copyright strike, there is an appeals and dispute process. However, disputes should only be filed if you have a valid legal reason supported by evidence, such as fair use or express permission from the rights holder.

Disputing claims frivolously or repeatedly without sufficient basis can lead to your account receiving strikes for “misrepresentation.” Only file disputes in clear-cut cases of incorrect claims, and withdraw disputes if the rights holder provides a valid counter-notification.

Poor Account Security Practices

YouTube tracks strikes and copyright claims to channel owners, not individual videos. This means someone hacking your channel and uploading infringing content could result in strikes applied to your account. Always use strong passwords, enable two-factor authentication, and be wary of phishing attempts to protect the security of your channel. A breach could threaten everything you’ve built.

Solutions: Recovering From Strikes

Submit Counter-Notifications

For strikes applied incorrectly or based on improper claims, you can file DMCA counter-notifications. These require you to provide legal justification and your personal information. Rights holders then have 10 business days to take legal action against you in court or the strike will be removed.

Counter-notifications should be reserved for clear cases of mistakes or overreach by automated systems and rights holders. They indicate you are willing to defend your position in court. Use them judiciously as part of the formal disputes process.

Wait Out the Strike Expiration Period


Copyright strikes expire after 90 days as long as your account stays in good standing and does not earn additional strikes. If you receive a questionable strike, but do not have strong enough cause for a counter-notification, you can simply wait it out.

However, try to be more careful about copyright protections going forward. Multiple expired strikes still indicate a pattern of violations, increasing termination risk if you eventually draw one more strike. Manage your channel diligently even during strike waiting periods.

Submit Appeals

YouTube also allows you to file appeals if you feel strikes were administered incorrectly but may not have counter-notification level certainty or legal justification. Appeals go directly to YouTube for an internal review.

The success rate of appeals largely depends on the specifics circumstances of the claim, but it serves as an additional recourse if you believe there has been an error. Well-reasoned and evidence-backed appeals demonstrate good faith efforts even if strikes ultimately still apply.

Seek Legal Counsel About Fair Use

Receiving strikes for videos you believe constitute fair use of copyrighted materials can be extremely frustrating. Fair use is complex, context-dependent, and not always properly judged by automated systems.

If you have a legitimate fair use argument but lack the proper legal background to make that case yourself, consider hiring an intellectual property lawyer. Legal experts can advise you on disputing strikes through counter-notifications while avoiding liability. The expense may be worth it to preserve videos important to your channel.

Preventative Measures

Understand Copyright Law and Fair Use Standards

The best protection against copyright strikes is understanding what constitutes infringement in the first place. No YouTuber can avoid copyright issues without knowing the basics of these laws and YouTube’s interpretations:

  • Fair use requires commentary/critique, transformation of the work, using only necessary amounts, and not negatively impacting the market for the original. Educational use also provides some protections.
  • Royalty-free content can be used more freely, but attribution requirements still apply in many cases. Always read licenses carefully.
  • De minimis use refers to copyrighted material snippets so short or distorted they no longer carry identifiable expression. What constitutes de minimis is subjective and situational. When in doubt, do not rely on it as defense.

While YouTube’s systems do not always make the right judgment calls on these issues, human reviewers are supposed to apply the law properly during disputes. Knowing standards and precedents yourself helps avoid mistakes and enables arguing against improper claims.

License Music, Video, Images Properly

Obtaining the proper licenses and permissions to use copyrighted material through services like PremiumBeat, Artgrid, Storyblocks, Epidemic Sound and others remains the surest way to protect yourself from infringement strikes.

These services offer affordable subscriptions for YouTube creators to access a wide variety of assets while handling all licensing requirements behind the scenes. Relying on them keeps your channel strike-free.

Attribute Copyright Owners Even With Permission

When you are permitted to use a copyrighted asset, always provide attribution to creators unless explicitly told otherwise. Many licenses require public credit as a condition of use, even if you obtained direct permission from creators via email or messages.

Failure to satisfy attribution conditions can still prompt strikes. Always double check requirements and visibly credit asset owners.

FAQ

What are the consequences of each additional strike?

  • First strike: No penalty beyond strike on record.
  • Second strike: 2 week suspension of new uploads.
  • Third strike: Complete channel termination with no option to appeal.

Can I lose my channel for a single case of copyright infringement?

In most cases, three strikes leads to termination. However, in cases of severe abuse – such as uploading a full movie – channels can be immediately removed without strikes. Do not test these limits.

Do strikes ever expire automatically?

Yes, copyright strikes expire after 90 days if no additional strikes are received. However, they still remain on your channel record, factoring into termination risk for another three strikes.

Can I reuse content if I edit out the infringing portions?

Yes, if you receive a strike for a video that only uses a few copyrighted assets, you may be able to remove those specific assets and reupload safely. However, do not attempt this until the strike on the original video expires, to avoid “duplicating” violations. And closely review the reuploaded video to ensure no untagged infringing material remains.

What are the risks of submitting false counter-notifications?


You must confirm the validity of counter-notification claims under penalty of perjury. If rights holders pursue legal action against clearly false disputes, you will lose the case and pay financial penalties. Do not attempt to manipulate disputes without strong legal footing.

I hope this guide has provided clarity and actionable advice regarding YouTube’s copyright strikes system. While it may seem inconsistent and unfair at times, understanding the rules and best practices goes a long way. Let me know if you have any other questions!

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