YouTube copyright issues relate to how the Google-owned site implements its protection methods. The systems are designed to protect the exclusivity of a given creator and owner and the rights to reproduce their work. YouTube uses automated measures such as copyright strikes, Content ID and Copyright Verification Program. These methods have been criticized for favoring companies and their use of copyright claims to limit usage of uploaded content.
When a person or company creates an original work that is fixed in a physical medium, they automatically own copyright to the work. The owner has the exclusive right to use the work in certain, specific ways.[1] In response to a lawsuit from Viacom, video sharing service YouTube developed a copyright enforcement tool referred to as Content ID which automatically scans uploaded content against a database of copyrighted material ingested by third-parties.[2] If an uploaded video is matched against an asset in the database, YouTube warns the user of the match and applies a predetermined 'match policy'.[3]
Beginnings
YouTube has faced numerous challenges and criticisms in its attempts to deal with copyright, including the site's first viral video, Lazy Sunday, which had to be taken due to copyright concerns.[4] At the time of uploading a video, YouTube users are shown a message asking them not to violate copyright laws.[5] Despite this advice, many unauthorized clips of copyrighted material remain on YouTube. YouTube does not view videos before they are posted online, and it is left to copyright holders to issue a DMCA takedown notice pursuant to the terms of the Online Copyright Infringement Liability Limitation Act. Any successful complaint about copyright infringement results in a YouTube copyright strike. Three successful complaints for copyright infringement against a user account will result in the account and all of its uploaded videos being deleted.[6][7] Organizations including Viacom, Mediaset
Content ID
At the end of 2013, YouTube enabled automated Content ID claiming on videos uploaded by users who were signed with multi-channel networks (MCN).[25] Previously, videos uploaded to channels that were linked to MCNs could only be claimed manually or removed with a DMCA takedown. This led to a large number of new claims which suddenly left uploaders unable to place advertisements on their videos until they disputed. Users such as Angry Joe created videos complaining about the changes and how they would negatively affect the livelihoods of video creators.[26]
According to a 2021 transparency report published by YouTube, more than 2.2 million videos were reinstated due to false copyright claims, which represent 1% of more than 729 million copyright claims spanning from January to June 2021.[27] According to a report by Lindsay Dodgson of Business Insider, creators were "held hostage" by false copyright claims, where the Content ID System and DMCA implementations are abused to extort money from creators.[28]
Attempts at copyright enforcement
In 2015 YouTubers known as the Fine Brothers, who produce "reaction videos", applied to trademark the word "react" when it was used in an uploaded video title to protect their series such as "Kids React" or "Adults React". An action that received severe criticism from other YouTubers because it would mean – if successful – that similarly named videos could be removed according to YouTube's copyright system.[29]
In 2016, the Fine Brothers launched React World. This was a program where people could use Fine Brothers' icons to make their own videos for free. However, all uploaded "React" content had to be monetized on YouTube and some of the uploader's revenue would be paid to the Fine Brothers.[29] After a massive backlash against what Fine Brothers were doing, they canceled the program and rescinded their copyright and trademarks application. It has been estimated their actions lost more than 400,000 subscribers.[29]
Copyright claims
In November 2015 this issue was highly publicized when a review of the film Cool Cat Saves the Kids by the channel "I Hate Everything" was removed by YouTube,[30] along with videos on Channel Awesome and Markiplier. This led to a large number of complaints against YouTube and on social media sites like Twitter.[31][32] This prompted YouTube's CEO Susan Wojcicki to respond three months later with "Thank you @YouTube community for all the feedback. We're listening" in February 2016.[33]
Videos continued to be removed and flagged on the site when copyright claims were made against uploaders for using the alleged use of protected material. On April 25, 2016, YouTuber and freelance video game critic James Stephanie Sterling included clips of footage from Metal Gear Solid V, Grand Theft Auto V and Beyond: Two Souls, as well as the song "Chains of Love", in a video largely discussing Star Fox Zero
References
- What is copyright?^
- YouTube's Approach To Copyright Claims Could Scare Off Streamers Kotaku, August 26, 2015^
- Youtube and the dreaded third party content match Digital Bard, January 30, 2016, retrieved December 8, 2015^