YouTube’s Terms of Service and Policies
As of April 2022, over 2.5 billion people worldwide use YouTube each month, and 38 million people have active YouTube channels. When YouTubers create channels on YouTube, whether they are the world’s largest corporations or tweens showing off their clarinet or hula hoop skills, they are agreeing to YouTube’s Terms of Service and YouTube’s policies. In other words, a contractual arrangement is formed between YouTube and the YouTube user. Creating a channel gives YouTubers access to various features and functions including uploading videos, making comments, and creating playlists. We will focus on the Terms of Service and YouTube policies that relate to issues of Copyright Law and the Digital Millennium Copyright Act (DMCA).
YouTube’s Terms of Service and Policies Relating to Copyright:
YouTube’s Terms and Service includes the following rules relating to copyright and YouTubers’ content:
“If you have a YouTube channel, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the YouTube Community Guidelines) or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.”
YouTube’s Copyright Policy states the following as its “first rule of copyright”:
“Creators should only upload videos that they have made or that they are authorized to use. That means they should not upload videos they didn't make, or use content in their videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.”
YouTube’s full Terms of Service can be found here: https://www.youtube.com/static?template=terms. Its copyright policy can be found here: https://www.youtube.com/howyoutubeworks/policies/copyright/
YouTube’s Content ID System:
Every video uploaded to YouTube gets scanned by YouTube’s automated system called Content ID which can help prevent copyright infringement. Content ID compares videos on YouTube’s database which are submitted by copyright owners to detect copyright infringement. Copyright owners can choose different actions to take on YouTuber videos that match theirs.
They can block a whole video from being viewed
They can monetize the video by running ads on it and sometimes share revenues with the YouTuber
They can track the video’s viewership statistics.
Content ID claims DO NOT result in copyright strikes, channel suspension or termination. Here are YouTube videos explaining the Content ID system and Content ID claims vs Copyright takedowns.
Copyright Takedowns:
In order to comply with the DMCA, YouTube has instituted a process for receiving takedown requests from copyright holders and taking action on those requests. Copyright holders must submit a formal notice to YouTube with the following information:
Video requested for removal
Affected party
Relationship to copyright content
Name of copyright holder
Primary email address
Physical address and phone number
Removal options
Legal agreements
Signature
If a video is taken down by YouTube due to a copyright strike, it will state “Video taken down: Copyright strike” beside the YouTubers’ video and a copyright strike will be applied to the YouTuber’s account. If it is the YouTuber’s first strike, the YouTuber will need to complete YouTube’s Copyright School.
YouTube Terminations and Suspensions:
YouTube states, “If a copyright owner submits a valid DMCA complaint through our webform, we take down that video and apply a copyright strike. If a user gets three copyright strikes in 90 days, their account, along with any associated channels, will be terminated. We also have tools to help Creators resolve their copyright strikes - including waiting for it to expire after 90 days, requesting a retraction, or submitting a counter notification.” Also, YouTubers have the option to request a retraction from the copyright holders or submit a counter notification if their video was removed in error through a copyright takedown. But otherwise, the copyright strike will expire on its own in 90 days. YouTube describes how it enforces copyright here: https://www.youtube.com/howyoutubeworks/policies/copyright/#enforcing-copyright
YouTube reserves the right to terminate a YouTubers’ channel that frequently violates community guidelines. YouTube will remove the content and send a notification to the YouTuber who violated YouTube community guidelines on strikes. For a first time offender, the YouTuber channel will be placed under the temporary restriction and will not be able to upload videos, live streams, or stories for a 1-week period. A YouTuber channel will be terminated if the channel receives three strikes within a 90-day period. Also, YouTube can terminate accounts bypassing the strike system if YouTubers’ channels are dedicated to violating YouTube’s policies or severe abuse of the platform has occurred.