A YouTube video will be removed only in response to a copyright claim, as with most online video platforms.
Thus, people who watch your video, upload a copy to their channel, or embed it into another piece of content can do so without any consequences.
These derivative works are usually protected by fair use laws if they include at least some commentary or criticism with your content.
In order to successfully use it, you need to understand how fair use affects your rights.
Legal recourse is limited if you aren’t able to prove that someone is infringing on your copyright.
Even if there is evidence of an infringement, pursuing legal action might not be worthwhile unless there is a particularly compelling reason to do so.
DMCA can be a useful tool in pursuing infringements, although it doesn’t always turn out well for creators (ask any musician).
In each instance, it is up to the creator to decide whether to pursue legal action against an infringer; however, understanding what fair use allows (and disallows) should assist in making that decision.
Fair Use and Copyright Disclaimer on YouTube
You can use copyrighted material without obtaining permission from (or paying) the owners if you do so in a way that qualifies as fair use.
Note: You may be asked to add an annotation or other message indicating your compliance with fair use laws if a third party flagged your video as containing copyright-protected material.
Where these messages are not automatically added, you can explain your compliance with fair use by adding a few words.
Copyrighted material may be used without permission of the holder under U.S. doctrine of fair use. According to Section 107 of the Copyright Act, copyrighted content can be used for the following purposes:
- The criticism
- Leave a comment
- Educating
- Performing research
- Reporting the news
Additionally, this act prevents copyright owners from abusing their rights.
YouTube Copyright disclaimers can protect you from getting accused of copyright infringement when you post content that includes parts of or wholes of another’s work. Your disclaimer of fair use explains why you are borrowing other people’s work. A disclaimer does not guarantee that you will not receive a copyright notice.
How Does Copyright Law Affect You?
A copyright protects the creators of original, fixed works.
A copyright grant entitles the creator to reproduce, distribute, and publicly perform and display their works, as well as to make derivative works.
YouTube protects your video as soon as you upload it.
No matter how well you describe your content in the title of your video or via keywords, it doesn’t matter:
- The copyright gives you ownership of your channel page and the content you post on it
- Copyrighted material can be used only for fair use.
Youtubers typically claim fair use by citing either criticism or education as their justification.
How To Protect Yourself From Claims of Copyright Infringement
There is no way to copy or remove a YouTube video from your website and put it on your own.
It would be a copyright infringement, and you could be in serious trouble.
However, there are exceptions. The Digital Millennium Copyright Act provides safe harbor protection for certain Internet users.
If you include copyrighted content in your work, such as a movie clip in your vlog.
Once you take down the content when instructed, you might not be liable for copyright infringement.
Copyrighted materials are often used even for fair use purposes.
Conclusion:
The law of copyright can be confusing, even for lawyers. If you run a channel with original material, there are a few basics to keep in mind. First of all, don’t assume that what you do is okay just because everyone else is doing it.
YouTube’s Copyright Disclaimer always recommends treading carefully. You should only use copyrighted material in your video if you have permission or if you can prove fair use.
Copyright infringement also includes linking without permission and giving credit when credit is due on any website (not just YouTube).
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