What Is Considered Stealing Content On YouTube (Explained)
Sharing videos online has never been easier thanks to platforms like YouTube.
However, with great power comes great responsibility.
Uploading copyrighted material without permission is considered stealing content, even if done unintentionally.
Understanding copyright law is crucial for all YouTube content creators.
Infringing on someone’s creative work has serious consequences, including video removal, channel termination, and even legal action.
Why Copyright Matters on YouTube
YouTube functions on an ecosystem where creators receive ad revenue and publicity from their videos.
By re-uploading someone else’s content without credit or permission, you undermine their creative rights and livelihood.
YouTube depends on its creators to keep producing original videos.
Strict copyright enforcement protects this incentive system.
Overly lax policies would enable widespread freebooting, making it nonviable for creators.
While exceptions like fair use exist, in general you must obtain licenses to use copyrighted material.
Failing to do so violates intellectual property laws.
What Violates Copyright on YouTube?
YouTube’s Terms of Service prohibit certain uses of copyrighted content without permission, including:
Complete Re-Uploads
Downloading a video and re-uploading it in its entirety is always considered stealing, unless it’s your own original content.
This violates the creator’s exclusive rights.
Re-Uploads with Minor Edits
Making minor edits like adding effects, captions, commentary, or trimming footage does not usually qualify as transformative fair use, especially if the original video remains the focus.
Background Music
Including copyrighted songs as background music in your videos without licenses is copyright infringement.
YouTube’s algorithm automatically detects and flags these.
Movie Clips & TV Shows
Re-posting clips from movies, TV shows, sports events etc.
nearly always violates copyright, no matter the length.
Limited exceptions under fair use may apply for commentary and criticism.
Video Game Footage
Gameplay videos are usually allowed under fair use.
However, posting cutscenes, soundtracks, and other game assets without permission is often considered copyright infringement.
How-To Videos
Reposting tutorials or educational videos in their entirety reduces views and ad revenue for the original creators, denying them fair compensation.
Fair Use of Copyrighted Material
Fair use is an affirmative defense under copyright law that permits limited use of copyrighted material without permission, for purposes like commentary, criticism, news reporting, and education.To qualify, fair use must pass a balancing test based on these factors:
- Purpose – Using clips for nonprofit educational purposes favors fair use, while commercial usage works against it.
- Nature – Using factual content weighs more favorably than creative works.
- Amount – The smaller the portion used relative to the whole, the stronger the fair use claim.
Using lengthy excerpts or entire works fails this test. - Effect – Judges if it negatively impacts the copyright owner’s ability to profit from their work.
While subjective, meeting all four factors strengthens any fair use argument.
It’s best to be conservative given the risks.
Tips to Legally Use Copyrighted Material
If your usage doesn’t meet fair use standards, here are some tips to legally use copyrighted content:
Seek Consent
Contact the copyright holder directly and request permission to use their work in your video.
Many creators allow non-commercial use with sufficient credit.
Attribute Properly
Always credit the materials used, including copyright info and links to originals in the description.
Proper attribution also helps for fair use claims.
Purchase Licenses
For commercial usage, you can purchase licenses through stock media providers like Shutterstock and Getty Images.
Prices vary based on type, length and resolution.
Dispute Flags
If your video gets incorrectly flagged, you can dispute it under fair use, providing timestamps and usage explanations.
Overly aggressive disputes can however risk your account.
Provide Commentary
Using clips alongside transformative commentary favors fair use.
Ensure the commentary remains the primary draw rather than just reposting cool footage.
Use Short Extracts
Limit clips to the essential portions needed to make your point.
Excessively long extracts weaken any fair use defense.
Create Original Works
Making wholly original videos is always the best approach for avoiding copyright issues.
Seek inspiration from other creators but ensure your content remains distinct.
Avoiding Plagiarism Accusations
Beyond copyright concerns, copying others’ work also raises ethical issues regarding plagiarism – representing someone else’s ideas as your own without credit.
YouTube features predominantly instructional content where plagiarism remains a major concern.
Accusations can seriously damage your channel’s reputation.
Here are some tips to avoid plagiarism on YouTube:
Credit Information Sources
If you include research, facts and statistics from other websites, credit your sources both in the video and description.
Failing to cite your references constitutes plagiarism.
Reword Concepts
When explaining ideas and concepts first described by others, thoroughly reword the explanations in your own style.
Simply copying word-for-word is considered plagiarism even without copyright issues.
Link to Originals
If your video builds upon or references someone else’s work, link back to the original in your description letting viewers access it directly rather than just rehashing it.
Add Commentary
Expanding on others’ work with original commentary and perspectives makes your video sufficiently transformative rather than just derivative.
Focus on Own Experiences
Sharing your personal experiences creates inherently original content that avoids plagiarism concerns.
Include personal stories and custom examples alongside general topics covered elsewhere.
Consequences of Stealing Content
The repercussions for reusing others’ creative work without sufficient credits or transformations range from video takedowns to legal consequences:
Copyright Strikes
Rightsholders can issue copyright takedown notices under the DMCA to have infringing videos removed.
Multiple infractions lead to channel termination:
- First Strike: Video blocked, with warning email
- Second Strike (within 3 months): Restricted uploading for 2 weeks
- Third Strike (within 3 months): Channel removed
These strikes expire after 90 days.
While mistakes happen, be cautious to avoid accumulating multiple strikes.
Loss of Monetization
If your stolen content gets significant viewership, the revenue rightfully belongs to the original creator.
YouTube may transfer the earnings from your video to the copyright holder.
Lawsuits and Fines
Beyond DMCA takedowns, copyright holders can also take legal recourse by suing infringing YouTubers for hefty statutory fines, reaching $150,000 per instance in severe cases.
Damaged Reputation
Getting caught stealing others’ content badly hurts your reputation as a creator.
Viewers will lose trust in any channel displaying such unethical behavior.
Rebuilding that audience confidence can take ages.
By following ethical practices, you avoid such issues while building a committed viewer base that respects your integrity.
FAQs About Stealing Content on YouTube
Here are some common questions about copyright violations on YouTube and the platform’s protection policies:
Does YouTube Notify You if You Violate Copyright?
Yes, if a copyright holder submits a valid takedown notice, YouTube sends an email alerting you that your video has been blocked for infringement.
Multiple violations may lead to strikes on your channel.
Can You Dispute a Copyright Claim on YouTube?
YouTube provides an appeals process to counter notification if you believe your video falls under fair use.
However, disputed claims may still get referred to the copyright holder, risking legal action on their end.
What Percentage of a Video Can You Use Without Copyright?
There are no strict percentage limits.
Fair use depends on context.
You may quote short 10-60 seconds clips for commentary, but reposting longer portions or entire videos without transforms is always stealing.
Can You Use YouTube Videos in Commercial Projects?
No, monetizing others’ content in commercial work like ads, corporate videos etc.
requires purchasing licenses.
Fair use only covers nonprofit commentary, criticism, news reporting and education-related contexts.
Does Music Copyright Apply to YouTube Videos?
Yes, you can’t include copyrighted songs in videos without licenses even if you own the visuals.
YouTube scans audio fingerprints automatically and blocks/demonetizes such videos.
Only use royalty-free music or original compositions.
Can I Re-upload Videos If I Don’t Monetize Them?
No, unless they are your own videos, you can’t reupload others’ content on YouTube without permission, even if you don’t earn ad revenue from them.
Only commentary/criticism videos may qualify under fair use.
I hope this guide gives you clarity on what constitutes stealing content on YouTube and how to legally use copyrighted materials within videos.
Let me know if you have any other questions!
