What is Copyright Protected Content in YouTube?

Whether you’re a content uploader, a viewer, or anyone who uses YouTube for entertainment, education, or even business, knowing what is copyright protected content in YouTube has become integral in the world of YouTube, with millions of videos being uploaded each day.

The following article will give one a glimpse into the core topic at hand.

The Fundamentals of Copyright Law

In nearly each and every jurisdiction, copyright protection arises automatically the moment an original work gets created and fixed on a tangible medium of expression. This means that once you compose a song, then record it; once you write a script, once it gets fixed in some written form.

However, when discussing copyright in a global context—especially on a platform as international as YouTube—there can be variations from country to country in terms of duration, scope, and the precise definitions of infringement.

Broadly, copyright law grants the following exclusive rights to the creator of a work:

• Reproduction Right is the right to reproduce the work in copies.
• Distribution Right is the right to distribute copies of the work to the public.
• Public Performance Right is the right to perform or display the work publicly.
• Adaptation (Derivative Works) Right is right to prepare derivative works based on the original.

Because these rights belong to the creator (or the entity to which the creator has licensed or transferred them), using or repurposing someone else’s copyrighted work—without permission—can constitute copyright infringement.

This usually comes up on YouTube when somebody uploads a video that includes music, film clips, or images belonging to someone else. If you don’t have permission via license or through an exception like fair use, you’re probably going to get a copyright claim, strike, or takedown request.

What is Copyright Protected Content in YouTube?

Copyrighted content on YouTube is a creative work-piece of music, videos, images, and text-accorded such legal protection under the copyright law. This, therefore, implies that the owners of such work enjoy their exclusive right to use and distribute the same work, and unauthorised use will result in claims or penalties.

Types of Copyright-Protected Content on YouTube

Here’s a breakdown of the different categories of content that can be copyrighted.

Musical Compositions and Sound Recordings

Music is one of the most commonly used forms of copyrighted content on YouTube. This includes both the composition (the written music and lyrics) and the sound recording (the actual performance of the music).

Using copyrighted music in videos without permission can lead to copyright claims.

For example:

• If you use a popular song in your video without permission from the copyright holder (whether that be the record label or the artist), you’re likely violating copyright.
• Remixes or covers of copyrighted songs may also be subject to copyright, even if the creator has altered the original composition.

Videos

Any video footage you upload to YouTube can be copyrighted. This includes:

• Full-length movies or TV shows
• Home video recordings made by others (such as family vacation videos or public event footage)
• User-generated content such as vlogs, tutorials, and skits

The key factor here is that if you don’t own the rights to the footage or have the creator’s permission to use it, it’s considered copyright-protected.

Images and Graphics

Copyright also protects images and graphic designs used in channel art, thumbnails, and videos.

Using someone else’s visual work without the appropriate permission can result in copyright claims, regardless of whether it’s a stock photo, digital artwork, or an internet snapshot you obtained.

• Thumbnails: If you use a thumbnail image from a movie or TV show, you may not be allowed to use it unless the content owner grants you permission.
• Stock photos: Even free stock photos may require attribution or have usage restrictions that could result in a copyright violation.

Software and Code

If you upload a video that includes software tutorials, and you use proprietary code or software in the demonstration, you must ensure that you have the right to share that content.

Software like games, apps, and plugins is typically protected by copyright law. If you upload a video showcasing a cracked version of software, you can face not only copyright infringement charges but also potential legal penalties for software piracy.

Text and Scripts

Text, such as conversation or screenplays, may occasionally be protected by copyright.

If you upload a video that contains a script written by someone else, or if you share an entire novel or book in a video format, it’s likely that you are infringing on that person’s intellectual property rights.

Even quotes or excerpts can fall under copyright protection if they meet the criteria of originality and creativity.

Video Game Footage

Video games are protected works; however, many game developers allow “Let’s Play” videos or reviews under specific conditions. Some publishers encourage gameplay videos because they can serve as free promotion.

Others may have strict guidelines. It’s important to verify whether the developer or publisher allows you to stream or upload game content.

Channel Branding (Logos, Banners, etc.)

It’s important to remember that logos and channel branding elements are also protected by copyright. If you use copyrighted images, logos, or brand assets belonging to others, you may be infringing upon their intellectual property. This includes:

• Using a famous brand’s logo without permission.
• Creating content that mimics another creator’s branding without their consent.

Creative Commons Content

YouTube has a lot of copyrighted content, but there is also stuff that is Creative Commons licensed, which gives producers more freedom to distribute their work.

YouTube allows creators to upload video content under Creative Commons Attribution licenses, meaning that anyone can use, remix, or redistribute the content as long as they give proper credit to the original creator.

However, just because content is labeled Creative Commons doesn’t mean you can use it however you want. Always check the specific terms of the license to ensure you are in compliance.

How Does YouTube Protect Copyrighted Content?

YouTube has developed a whole system to identify and manage copyrighted content: Content ID.

Content ID

Content ID is an automated system that scans uploaded videos against a database of copyrighted material provided to YouTube by content owners, including record labels, movie studios, and other creators who have asked YouTube to protect their work.

When you upload a video, the Content ID compares the audio and video against the content that it has stored in its database. If there is a match, the system will automatically take an action. This can include:

• Monetisation: If it finds a match, then it’s possible that a copyright holder can monetise on the video (that’s read: throw ads on), rather than actually taking it down.
• Blocking: In this context, the video online may be blocked in some regions or the entire world.
• Copyright Takedown Notice: A formal DMCA takedown notice could be served, which may completely remove the video clip from view.

Content ID is never perfect, and sometimes it can give false flags or misses infringements. This might lead to disputes or wrongful claims. If you feel that your content has been flagged off unfairly, YouTube has provided a process for filing a counterclaim.

Copyright Strikes and Claims

If a video is found to contain copyright infringement, YouTube can issue a copyright strike. A strike can have serious consequences because it may:

• We limit or disable your ability to upload videos.
• Prevent monetisation on your YouTube channel.
• Remove your entire channel if you accumulate three strikes.

Apart from strikes, copyright holders are also entitled to submit a copyright claim on YouTube. This will not result in a strike; however, this might prevent you from monetising the video, or the copyright holder can claim all the revenues coming from that video.

Fair Use: Can I Use Copyrighted Content on YouTube?

There’s a concept called fair use that says you can use copyrighted material to a certain extent, in certain circumstances, without getting permission. But fair use is dicey, and it’s not an open sesame for using anything that you please.

Fair Use Factors

Fair use doctrine is based on four major factors that help in determining whether the use of the copyrighted content is lawful.

Purpose and character of the use: Commercial or educational? Transformative works, such as reviews or critiques, are more likely to be considered fair use.

Nature of the copyrighted work: Factual works are more likely to be fair use than creative works.

Amount and substantiality: The less of the original content you use, the more likely it is to be fair use.

Effect of the Market: Does your use harm the potential market value for the original?

Examples of fair use include:

• Commentary: A reviewer might consider videos that provide original commentary or criticism in the form of reviews, parodies, or reaction videos.
• Educational content: Videos that use copyrighted content to teach or inform, as long as it’s transformative.

However, fair use is always equated to the discretion of courts, and algorithms developed by YouTube may flag videos anyway, thus forcing you to file a counterclaim.

Best Practices for YouTube Creators

To avoid copyright issues and ensure a smooth experience on YouTube, creators should follow several best practices:

Practice	Description	Benefit
Create Original Content	Produce your own videos, music, and other content from scratch. This is the most effective way to avoid copyright issues.	Complete copyright ownership and control over your original material; no risk of copyright claims.
Obtain Permission	Contact the copyright owner and request permission to use their material. Be clear about how you intend to use their work and the platform where it will be shared.	Legal use of copyright-protected material; builds positive relationships with content creators.
Use Royalty-Free or Creative Commons Content	Utilise resources offered under licenses that grant adequate permission for specific uses. Always check the license terms to learn permitted uses and attribution requirements.	Avoids copyright claims; cost-effective alternative to licensing copyright-protected material.
Give Proper Attribution	Credit the original creators even when using Creative Commons licensed material. Follow the license’s attribution guidelines. Include details like author name, title, source URL, and license type.	Respects creators’ rights; fosters a positive creative environment.
Fair Use	Familiarise yourself with the four factors of fair use. Consult with legal counsel if you’re unsure if your use qualifies. Remember that claiming fair use doesn’t guarantee protection from claims.	Potentially allows limited use of copyright material without direct permission.
Respond to Content ID Claims	Carefully review Content ID claims and determine their validity. If a claim is incorrect, dispute it with a clear explanation. If valid, choose the appropriate action (mute, replace, or remove the content).	Protects your channel from strikes; maintains control over your content.
Educate Yourself About Copyright	Stay informed about copyright law and YouTube’s policies. This ongoing learning process will help you make informed decisions about content creation and usage.	Minimises the risk of copyright infringement; builds a sustainable YouTube presence.
Keep Detailed Records	Maintain records of where you obtained your content, licensing agreements, and permissions granted. This will be crucial if you need to defend against a copyright claim.	Provides evidence of legitimate use; strengthens your defense against claims.
Use YouTube Audio Library	Leverage YouTube’s library of free music and sound effects. This can be a convenient source of audio content that you can use without worrying about copyright infringement.	Simple and free access to a library of audio content for your videos.
Consider Copyright When Editing	Even editing copyrighted material can sometimes lead to infringement. Be mindful of how your edits might transform the original work and whether your use falls under fair use.	Helps avoid unintentional copyright infringement; promotes responsible content creation.

Remember that copyright law can be complex, and consulting with a legal professional is always recommended for specific situations.

Common Myths About Copyright on YouTube

In a space as vast as YouTube, misinformation tends to spread. Below are some common myths:

Myth	Explanation	Example
“If I give credit, I can use anything.”	Giving credit doesn’t automatically grant you the right to use copyrighted material. Permission is still required, even if you acknowledge the source.	Uploading a movie clip and citing the film title and director in the description doesn’t make the use legal.
“Short clips are always fair use.”	While using small portions might be fair use, it’s not guaranteed. The four factors of fair use must be considered, and even short clips can be infringing if they represent the “heart” of the work.	Using a few seconds of a popular song as background music without permission is likely not fair use, especially if it’s a recognisable and commercially significant part.
“No one will notice if I use a small piece of music.”	YouTube’s Content ID system is highly effective at detecting even short snippets of copyrighted music.	Using a five-second sample of a copyrighted song will likely be detected by Content ID, leading to a claim or strike.
“I bought the song/movie, so I can use it in my video.”	Purchasing a copy of a work grants you the right to enjoy it privately, but not to use it in your own creations without proper permission.	Buying a CD doesn’t give you the right to use the music in your YouTube videos.
“Fair use is a loophole to avoid copyright.”	Fair use is a limited doctrine with specific purposes. It’s not a blanket excuse to use copyrighted material freely.	Claiming fair use for using an entire movie scene in a reaction video is highly unlikely to be valid.
“My video is non-commercial, so it’s automatically fair use.”	While non-commercial use is a factor in fair use, it’s not the only one. A non-commercial video can still be infringing if it harms the market for the original work.	Creating a fan film using copyrighted characters and story elements, even if not for profit, can be infringing.
“If Content ID doesn’t find it, I’m in the clear.”	Content ID doesn’t catch everything. Copyright owners can still manually find and issue copyright claims or strikes even if Content ID doesn’t initially detect the infringement.	Using a lesser-known song might not be immediately flagged by Content ID, but the rights owner could still discover it and take action.
“I can’t get a copyright strike if I dispute a claim.”	Disputing a claim doesn’t prevent a copyright strike. If the rights owner rejects your dispute, they can issue a strike.	Disputing a claim based on a clearly infringing use might lead to the rights holder escalating to a copyright strike.
“Changing the pitch or speed of music makes it okay to use.”	Modifying copyrighted music doesn’t automatically avoid copyright infringement. These changes often create derivative works, which still require proper permission.	Speeding up or slowing down a copyrighted song in your video doesn’t make it original content and is still infringing.
“I can use anything if my video is a parody.”	While parody can be a form of fair use, it must be a transformative use that comments on or criticises the original work. Simply using copyrighted material for comedic effect isn’t enough.	Creating a video that uses copyrighted characters in a completely unrelated story, even if humorous, isn’t necessarily a parody and could be infringing.

The Future of Copyright on YouTube

The more advanced technology gets, the more advanced copyright law and YouTube’s policies around those laws will get.

Of course, machine learning tools and AI-generated content add a whole new layer of complexity: who holds the copyright for AI-generated works, and how does that content factor into YouTube’s Content ID?

Furthermore, government regulations around the world, such as Europe’s recent Directive on Copyright in the Digital Single Market, put more burdens than ever on platforms like YouTube when it comes to limiting piracy.

We can imagine further tuning Content ID so it may better sort through legitimate claims of fair use and/or transformation; similarly, providing creators with further options for how to license out and profit from their works might be built up.

Meanwhile, YouTube’s co-op between both rights holders and creators in certain cases is driving development and testing of all-new monetising models; as a response to this, usage of copyright will mean revenue splitting, instead of content getting taken down absolutely.

No matter how the future may shift, one core principle will remain constant: respect for intellectual property means a healthier creative ecosystem for everyone.

Creators who know and respect copyright—and who avail themselves of the resources at their disposal—will be well-positioned to thrive.

What’s Next?

Using copyright protected content on YouTube requires a thorough knowledge of YouTube’s copyright policies and digital rights management. Content including videos, music, and images, often falls under copyright protection.

Utilising copyrighted material without permission, even for educational purposes, can lead to a copyright infringement claim, potentially resulting in legal action.

YouTube Studio provides creator tools and advice on copyright, empowering creators to know the consequences of copyright issues.

If you believe a claim is in error, you can file a counter-notice. However, before taking such steps, seeking legal advice is crucial.

Managing copyright with Content ID is vital for channel growth and leveraging YouTube as a channel for rights protection.

Ignoring copyright can severely hinder your channel’s success. Proactively addressing copyright ensures you’re building your channel on solid ground.

To safeguard your digital content, consider leveraging services that specialise in copyright protection.

Book a demo today to see how Bytescare can protect your digital content and let you rest easy. From its many features, Bytescare is here to protect the things that mean most to you in a digital world.

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