Uploading videos online comes with the risk of receiving copyright claims if you use copyrighted content without permission. However, there are steps you can take to minimize the chances of getting a claim. Here is a guide on how to safely upload videos without copyright issues.
Understand Copyright Law
Copyright law protects original creative works like videos, songs, images, and more. The creator of the original work owns the copyright and has the exclusive right to distribute, reproduce, and create derivative works. Using even small portions of copyrighted material without permission can result in a copyright claim.
There are some exceptions in copyright law that allow limited use of copyrighted works without permission, such as fair use. Fair use considers these factors:
- The purpose and character of your use
- The nature of the copyrighted work
- The amount used in relation to the whole work
- The effect on the market for the original work
For example, using a short clip from a movie to comment or critique it would likely qualify as fair use. However, re-uploading large portions or all of a copyrighted work generally does not qualify as fair use.
Only Use Public Domain or Creative Commons Media
The safest approach is to only use media in the public domain or licensed under Creative Commons. Public domain works are not protected by copyright at all, so you can use them freely. Creative Commons offers several license options that give various levels of permission for reuse.
Look for public domain videos and images on sites like:
- Pixabay
- Pexels
- Wikimedia Commons
For Creative Commons media, be sure to comply with the license terms, such as giving proper attribution. Search for Creative Commons videos on sites like:
- Vimeo
- YouTube (using filters)
- Internet Archive
Produce All Original Media
Creating your own 100% original videos and images avoids any copyright issues. Options include:
- Shoot your own videos
- Create your own graphics and visuals
- Produce original animations
- Commission original music or use royalty-free/copyright-free music
Investing in your own high-quality media gives you full ownership and control. Make sure any contractors also transfer copyright to you as well in their work-for-hire agreement.
Alter Copyrighted Material Significantly
In some cases, you may be able to sufficiently alter copyrighted media through editing and remixing to create an original derivative work. This new work would be protected under your own copyright.
Examples of alteration could include:
- Editing multiple clips together into a collage
- Adding substantial animated elements or graphics
- Remixing music and adding new instruments
The original source material should not be recognizable or the focus of the new work. Extensively altering a few seconds of a song is safer than using the entire untouched song. Consult an IP lawyer if attempting this approach.
Dispute Invalid Copyright Claims
Sometimes copyright claims are made incorrectly on videos that do not actually infringe. This is especially common with false automated claims. Here are steps to take if you receive an invalid claim:
- Review the disputed content carefully against the claimed copyrighted material
- Submit a formal dispute with your platform (YouTube, Facebook, etc) explaining your position under fair use or other factors
- Counter-notify the claimant directly explaining why their claim is incorrect
- Consult a lawyer to send the claimant a strongly-worded letter
- Be prepared to defend your position in court if the claimant insists on moving forward
Having proper documentation and a good understanding of copyright law are key for successfully disputing invalid claims.
Obtain Licenses from Copyright Holders
If you want to directly use recognizable portions of copyrighted works, seek explicit permission from the rights holder. Licensing fees and terms will be based on factors like:
- Length of usage
- Prominence in your video
- Commercial or non-commercial use
- Distribution scale
Short clips of music or video for non-commercial use typically range $100 to $1000+ depending on context. Commercial use licenses are much more expensive. Reach out to the copyright office or management company to begin negotiations.
Use YouTube’s Content ID System
YouTube allows copyright holders to upload their content to the Content ID system. Videos on YouTube are then scanned against Content ID to detect unauthorized usage. There are a few options when Content ID makes a match:
- Mute Audio – Mutes any matching audio
- Block Video – Blocks the entire video from being viewable
- Monetize Video – Runs ads on the video with revenue going to copyright holder
Using Content ID allows copyright holders to get value from their media being used rather than just issuing claims. This gives you a chance to keep your video up while the claimant still makes money from it.
Remove Problematic Segments
If you receive a valid copyright claim on your video, removing the infringing segments is the quickest solution. Edit out any unauthorized media usage that triggered the claim. Then upload a revised version of your video with the offending portions cut out.
This will release the claim on your edited video. However, the copyright holder could still take other legal action over your initial unauthorized usage if they choose.
Privatize or Unlist Infringing Videos
Instead of deleting a video with copyright claims, you can also privatize it or change to unlisted. This removes it from public view but still allows you to access the content.
Changing the video to private or unlisted stops further public visibility of the infringing content. However, it does not invalidate any copyright claims already made against the video while it was public.
Remove Videos Entirely
If your video contains unambiguous copyright infringement without viable fair use arguments, removing the video entirely may be your best option. This takes down the infringing content and limits any additional legal exposure.
However, the copyright holder could still pursue damages for the time it was posted publicly. Taking the video down quickly can help minimize the extent of damages.
File Counter-Notifications Sparingly
Be very cautious about filing counter-notifications to reinstate videos removed via DMCA takedown. Counter-notifications require you to acknowledge the video was removed for copyright infringement and agree to accept legal liability.
Only file a counter-notification if you are 100% confident your video qualifies as fair use and are prepared to defend your position in court. Otherwise, it is smarter to seek a license or stick to non-infringing content.
Build Up Defensive Measures
As your channel grows, it becomes a bigger target for copyright claims. Consider taking defensive measures:
- Form an LLC or corporation to separate your personal assets
- Obtain Errors & Omissions insurance in case you are sued
- Consult an IP lawyer to review your uploads for risks
The right legal protections and advice can save you significant money and headaches down the road if a copyright holder pursues a claim against you.
Rely On Trusted Networks
Larger networks like Maker Studios, Studio71, and Fullscreen offer resources to creators related to rights management and fair use.
By joining an experienced network, you gain access to their legal knowledge and licensed content libraries. However, you normally have to split revenue in exchange.
Summary
Avoiding copyright claims on your uploaded videos involves understanding and respecting copyright law. Where possible, only use public domain, Creative Commons, or original media you own in your videos. If you must incorporate copyrighted works, ensure it qualifies as fair use or obtain licenses from the rights holders first.
With the right precautions, you can confidently upload videos without worrying about copyright claims taking them down or demonetizing them.
Frequently Asked Questions
Is it illegal to reuse short clips from copyrighted videos?
Using short portions of copyrighted videos may fall under fair use depending on the context. Fair use considers the amount taken relative to the whole work. Reusing a couple seconds likely qualifies as fair use, while reuploading 10+ minutes usually does not.
Can I dispute a copyright claim if I only use a few seconds of a song?
Yes, you can dispute copyright claims on short music clips under fair use, especially if the song is not clearly recognizable or central to your video content. Describe how it constitutes fair use in your dispute. But there is still a risk of the claim being upheld.
What are the penalties for repeatedly uploading copyrighted content?
Penalties escalate based on the severity of infringement. At minimum, your videos will simply be taken down. But multiple willful infringements could lead to termination of your accounts, fines, and even criminal charges in extreme cases.
Can I use copyrighted images under fair use?
Images may qualify for fair use just like videos or music. Using an image for commentary, parody, or in an edited collage likely constitutes fair use. But reposting a full-size copyrighted image with no changes typically does not.
How much does a license cost to use one song in a commercial video?
Licensing a full song from a major artist for commercial use typically costs $3,000 to $10,000+ depending on factors like distribution scale. Lesser known artists may charge a few hundred dollars. Sync licenses for short 15-30 second clips can cost around $250.
Conclusion
Uploading videos while avoiding copyright infringement may require more effort, but is crucial for building a successful and sustainable channel. Do your due diligence to understand copyright law, leverage fair use appropriately, and obtain all necessary licenses. With the right knowledge and preparations, you can share videos freely without worrying about copyright claims derailing your channel.