How to Dispute a YouTube Content ID Claim
YouTube Content ID Claims Explained
If you are a YouTuber with your own channel and video content, you must become familiar with YouTube’s Content ID program and what to do if there is a claim against one of your videos. This program, first implemented in 2008, allows rightsholders to upload their content to a database that YouTube uses to match content uploaded to the site by third-party users. When the automated system detects a match, the rightsholder can then choose what to do, including blocking the video, muting the audio on video, monetizing the video with ads, or tracking the video. Rightsholders can customize the response to include territory-specific restrictions. For example, they can choose to block the video entirely for users in the United States but put ads on it for viewers in Canada.
This system is relatively efficient and has allowed some artists and rightsholders to have more control over their work. At the same time, there has been a lot of controversy and potential for abuse. A Russian company called Netcom Partners took advantage of the Content ID program by falsely claiming copyright over many popular videos in order to hijack the revenue. There are also many individuals and companies who regularly make fraudulent copyright claims on YouTube videos they do not own. So what can a YouTuber do if they are the victim of such a claim?
Disputing a Content ID Claim
A YouTuber whose video has been claimed has several available options. If they ignore the claim, revenue will be diverted to the claimant after five days. If the YouTuber disputes the copyright claim, the money will be held in escrow while the dispute is resolved. Disputing a claim can take a lot of time and resources and many YouTubers end up having to pursue legal action outside of the YouTube platform. Additionally, the process of disputing a claim cannot begin until the YouTuber has performed complex legal analysis around “fair use,” which varies by jurisdiction. For YouTubers, the stakes are high since they risk having a strike on their channel, which can result in restrictions, bans, or even termination.
Fair use allows very limited uses of a work without getting the rightsholder’s permission. It does not stop a YouTuber from being sued, but is, instead, a defense to make in court once they are sued. A judge will ultimately make the decision about whether a video fits under fair use. In general, fair requires four things:
The work was used under one of the allowed purposes: Parody, Criticism, Review, Academic use.
The user used the least amount of the work possible for their purposes.
The user added a substantial amount to these pieces of content, creating a new and unique work.
The use does not harm the potential market for the original work.
Disputing a claim against a YouTuber’s video after analyzing fair use does not prevent the claimant from pursuing the YouTuber in court and different jurisdictions treat fair use very differently. If you are a YouTuber who has received a claim against your video, it is important to consult an experienced attorney. Contact the Xu Law Group today for a consultation with one of our experienced intellectual property attorneys.