Ask yourself what those who are employed by the rightsholder are likely to think when they see your video. In other words, sending a dispute might well trigger the first human review of your video. When you submit a dispute, however, the rightsholder is notified and your video goes into their "review" queue. The fingerprint matching is done by YouTube's computers, and generally the blocking is done automatically. Next we'll discuss information that will help you decide whether to send a dispute or counter-notice.ĭisputing a Content ID Removal. If your video was removed thanks to a Content ID match, it's quite possible that no human at the rightsholder's office has ever seen your video. If your video has been removed for this reason, YouTube will inform you and provide the contact information of the rightsholder to discuss the removal. YouTube has made agreements with certain rightsholders where special privileges have been granted allowing rightsholders to remove content as they see fit. If you learn that your video has been targeted under the DMCA, be sure to ask for a copy of the notice if it was not already forwarded to you. Too often, however, we have come across improper notices and/or takedowns based solely on keywords or a purely automated process. It also puts a "strike" on your account, and requires you to complete a mandatory session in its online "Copyright School." Once you accumulate 3 "strikes" on your account, YouTube will cancel all of your YouTube accounts, taking down all of your videos and refusing to allow you back as a YouTube account holder.Ī proper DMCA takedown notice must meet certain requirements, such as identifying the infringing material clearly and specifically, and stating that the sender has a 'good faith belief' that the material actually infringes copyright. That's why, when YouTube receives a formal DMCA takedown notice from a rightsholder, it removes the video. Another requirement is that YouTube must cancel the accounts of "repeat infringers."
One requirement of this "DMCA safe harbor" is that online service providers must implement a "notice-and-takedown" system. DMCA Takedown NoticeĭMCA takedowns normally result from formal notices of copyright infringement from rightsholders to YouTube about your video.Īs part of the Digital Millennium Copyright Act of 1998 (DMCA), Congress granted online service providers (like YouTube) certain protections from copyright infringement liability, so long as they meet certain requirements. This tool created by YouTube can help you determine in advance whether a rightsholder might seek to block or monetize your video.
In most cases, no human looks at the videos - YouTube's computers spot the match and apply the "Block" usage policy automatically. Major music labels have mostly opted for the "Monetize" approach. The rightsholder gets to decide what happens when there is a match by setting "usage restrictions" - it can elect to Block, Track, or Monetize (i.e., put ads around the video and get a portion of the revenues). You'll know if your video has been matched because a note will appear next to the video on the "My Videos" page.
So when you upload a video, the Content ID tool can spot a song snippet used in that video, even if you never mention the name of the song or performer in the video description or title.
According to YouTube, this system enables "copyright holders to easily identify and manage their content on YouTube." It works by checking every video uploaded against a database of audio and video "fingerprints" submitted by rightsholders. Many videos trigger a response from YouTube's "Content ID tool" (also sometimes called the Video ID tool). Sometimes, if you ask nicely, YouTube may review and reconsider the removal, although we are not aware of a formal process for this. The Terms of Service also state that "YouTube reserves the right to remove Content and User Submissions without prior notice," so YouTube takes the view that it can remove a video for any reason it likes.įor more information about these Terms of Service removals, see YouTube's help pages. Instead, they generally result when a video is flagged as containing nudity, gratuitous violence, or otherwise in violation of YouTube's Terms of Use or Community Guidelines. These removals usually have nothing to do with copyright. The message also should appear in your YouTube account, so check there as well. If you didn't receive an email from YouTube, check your spam folder and check that the email address for your YouTube account is current. The reason for the removal of a video is usually mentioned in the email that YouTube sends to the account holder regarding the removal.
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