How to Check if Something Is Copyrighted on YouTube?

Unraveling the labyrinthine world of YouTube copyright can feel like navigating a minefield. Creators pour their hearts and souls into their content, and the last thing they want is a copyright strike derailing their channel. Conversely, rights holders deserve protection from unauthorized use of their work. So, how do you determine if something is copyrighted on YouTube before you upload, use, or even react to it? The answer, while not a single magic bullet, involves a multi-faceted approach combining direct checks, understanding YouTube’s systems, and a healthy dose of due diligence.

Here’s a breakdown of how to effectively investigate potential copyright issues on YouTube:

1. Directly Check the Content: This seems obvious, but it’s crucial. If the content clearly features elements like popular music, movie clips, TV show segments, or images that you didn’t create yourself, it’s highly probable it’s copyrighted. Don’t assume that because something is available online, it’s free to use.
2. YouTube’s Audio Library: If you’re looking for music for your videos, YouTube provides a royalty-free audio library within YouTube Studio. These tracks are safe to use and won’t trigger copyright claims. You can find this under the “Audio Library” tab in YouTube Studio.
3. YouTube’s Copyright Match Tool: This is a tool for rights holders, not typically for users checking if something is copyrighted. However, understanding its function provides insight. It scans YouTube for videos that match the content that rights holders have already uploaded. While you can’t directly use it to check before uploading, knowing it exists highlights the platform’s proactive approach to copyright enforcement.
4. Research the Content Owner: Identify the owner of the potential copyrighted material. Is it a major record label, a film studio, or an individual artist? Knowing this allows you to research their copyright policies and whether they offer licenses for specific uses.
5. Check for Watermarks or Copyright Notices: Many creators embed watermarks or copyright notices directly into their content. These are clear indicators of ownership and should be respected. Look for the © symbol followed by the copyright holder’s name and the year of creation.
6. Search for Existing Copyright Claims: Before using a piece of content, try searching YouTube using keywords related to that content followed by terms like “copyright claim,” “copyright issue,” or “DMCA takedown.” This might reveal if others have experienced copyright problems using the same material.
7. Consider Fair Use (But Don’t Rely On It): Fair Use is a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder. Examples include commentary, criticism, parody, news reporting, research, and education. However, fair use is highly subjective and determined on a case-by-case basis by courts. Don’t automatically assume your use qualifies as fair use; it’s better to err on the side of caution and seek permission.
8. Use Third-Party Copyright Detection Tools (with Caution): Some third-party websites claim to check for copyrighted content. However, be wary of these. Their accuracy can vary, and some may collect your data. Always research the tool’s reputation and privacy policy before using it.
9. Review YouTube’s Copyright Policies: Familiarize yourself with YouTube’s official copyright policies and the Content ID system. Understanding how YouTube detects and handles copyright infringement is essential.
10. Ask for Permission: The most straightforward way to avoid copyright issues is to obtain permission from the copyright holder. Contact them directly and request a license to use their content. While this may involve a fee, it guarantees you’re using the material legally.
11. Creative Commons Licenses: Look for content released under a Creative Commons license. These licenses allow you to use copyrighted material under specific conditions, such as attribution. Carefully review the terms of the Creative Commons license before using the content.
12. When in Doubt, Leave It Out: If you’re unsure whether a piece of content is copyrighted or whether your use qualifies as fair use, it’s best to avoid using it altogether. It’s better to be safe than sorry and face a copyright strike.

FAQs: Navigating the YouTube Copyright Maze

Let’s dive deeper with some frequently asked questions that often plague creators venturing into the YouTube landscape.

1. What is a YouTube Copyright Strike?

A copyright strike is issued by YouTube when a copyright holder submits a valid legal request to remove your video for using their copyrighted material without permission. Three copyright strikes within 90 days can result in the termination of your YouTube channel.

2. What is the YouTube Content ID System?

Content ID is YouTube’s automated system that allows copyright holders to identify and manage their copyrighted content on the platform. When you upload a video, Content ID scans it against a database of audio and visual content submitted by copyright holders. If a match is found, the copyright holder can choose to monetize your video, track its viewership, or even have it taken down.

3. How Long Does Copyright Last?

Copyright duration varies depending on the type of work and when it was created. In general, for works created after 1978, copyright lasts for the life of the author plus 70 years. For corporate works (created by employees), copyright lasts for 95 years from publication or 120 years from creation, whichever is shorter.

4. Can I Use a Short Clip of a Movie Under Fair Use?

Possibly, but it’s risky. The “fair use” defense depends on a four-factor test: (1) the purpose and character of the use, (2) the nature of the copyrighted work, (3) the amount and substantiality of the portion used, and (4) the effect of the use upon the potential market for the copyrighted work. Using a short clip for commentary or criticism is more likely to be considered fair use than using it for purely entertainment purposes. However, even a short clip can infringe copyright if it constitutes the “heart” of the work.

5. What is Royalty-Free Music?

Royalty-free music is music that you can use without having to pay royalties for each use. You typically pay a one-time fee for a license to use the music. However, royalty-free doesn’t necessarily mean “free.” You still need to purchase a license. YouTube’s Audio Library is a source of truly free music.

6. Can I Use Music If I Give Credit to the Artist?

Attribution alone is not enough to avoid copyright infringement. While it’s courteous to credit the artist, you still need permission (a license) to use their copyrighted work. Unless the music is licensed under a Creative Commons license that allows commercial use with attribution, you’re still infringing copyright.

7. What Happens if I Get a Copyright Claim?

A copyright claim (often distinct from a strike) means that a copyright holder has identified content in your video that matches their copyrighted material. They may choose to monetize your video (meaning they earn the advertising revenue), track your video’s viewership, or restrict where your video can be viewed. You can dispute the claim if you believe it’s invalid.

8. How Do I Dispute a Copyright Claim?

You can dispute a copyright claim through YouTube Studio. You’ll need to provide a valid reason for your dispute, such as claiming fair use, that you have a license to use the content, or that the claim is mistaken. The copyright holder then has 30 days to respond to your dispute.

9. What is a DMCA Takedown Notice?

A DMCA takedown notice is a legal notice sent by a copyright holder to YouTube requesting that a video containing their copyrighted material be removed. If YouTube receives a valid DMCA takedown notice, they will remove the video and issue a copyright strike to the channel.

10. Can I Use Someone Else’s YouTube Video in My Own Video?

Generally, no. Unless you have permission from the creator or the video is licensed under a Creative Commons license that allows reuse, using someone else’s YouTube video without permission is copyright infringement. Even if you’re reacting to the video, fair use doesn’t automatically apply.

11. Is It Safe to Use Public Domain Content on YouTube?

Public domain content is not protected by copyright and can be used freely. However, verifying that something is truly in the public domain can be tricky. Research the content’s copyright status carefully to ensure it’s actually free to use. Also, be aware that derivative works (new creations based on public domain material) may be protected by copyright.

12. How Can I Protect My Own Content on YouTube?

To protect your own content, register your work with the U.S. Copyright Office (or your country’s equivalent). This provides legal protection and makes it easier to enforce your copyright. You can also use YouTube’s Copyright Match Tool to find videos that are using your content without permission and take action. Consider adding watermarks to your videos to make it clear that you own the content.

Navigating the world of YouTube copyright requires a blend of caution, knowledge, and respect for intellectual property. By understanding the guidelines, using the available tools, and erring on the side of caution, you can create engaging content while minimizing the risk of copyright infringement. Remember, when in doubt, reach out to a legal professional specializing in copyright law for specific guidance.