On the American social media and online video sharing platform YouTube, a copyright strike is a copyright policing practice used by YouTube for the purpose of managing copyright infringement and complying with the Digital Millennium Copyright Act (DMCA),[1] which is the basis for the design of the YouTube copyright strike system.[1] For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process.[1] YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement.[1] When a YouTube user receives a copyright strike, they are required to watch a warning video and complete a quiz about the rules of copyright. A copyright strike will expire after 90 days. However, if a YouTube user accumulates three copyright strikes within those 90 days, YouTube terminates that user's YouTube channel, including any associated channels that the user has, removes all of their videos from that user's YouTube channel, and prohibits that user from creating another YouTube channel.[1][2]
YouTube assigns strikes based on reports of copyright violations from bots.[3]
Some users have expressed concern that the strike process is unfair to users.[4] The complaint is that the system assumes the guilt of YouTube users and takes the side of copyright holders even when no infringement has occurred.[4]
YouTube and game company Nintendo were criticized by Cory Doctorow, a writer for the blog Boing Boing, due to them reportedly treating video game reviewers unfairly by threatening them with strikes.[5]
Reasons for strikes
Disagreements about what constitutes fair use
Fair use is a legal rationale for reusing copyrighted content in a limited way, such as to discuss or criticize other media. Several YouTube creators have reported receiving copyright strikes for using media in the context of fair use.[6]
Suppression of criticism
YouTube creators have reported receiving copyright strikes on videos critical of corporate products. They assert that copyright violation, in this context, has been used as a strategy to suppress criticism.[7]
Strikes for posting own work
Copyright strikes have also been issued against creators themselves.[8]
External links
- Copyright strike basics in YouTube Help
- How to Dispute a Strike -- DMCA Process Explained by h3h3Productions
References
- A Guide to YouTube Removals Electronic Frontier Foundation, February 6, 2009, retrieved July 13, 2016^
- Copyright strike basics YouTube, retrieved July 16, 2018^
- Nick Douglas. You Can't Fool YouTube's Copyright Bots Lifehacker, January 24, 2018