If you infringe on someone else’s work on YouTube, the copyright owner may submit a DMCA takedown notice directly to you or YouTube. If the notice is valid. The individual may file a lawsuit, and YouTube may suspend or delete your account. However, fair use or fair dealing is a legal exception that allows you to use copyrighted work without permission.
You may send a DMCA take-down request to [email protected].
Quick take: how to file a DMCA takedown notice on YouTube
- The easiest way to file a DMCA takedown notice on YouTube is to contact customer support.
- If you receive a strike for copyright infringement on YouTube, you may have to complete a mandatory copyright school session.
- YouTube reserves the right to remove user submissions without notice.
- If the rights holder does not file a lawsuit within 14 days after sending a takedown notice, YouTube may restore the video if it does not violate the company’s policy.
- If you receive a takedown notice, you may submit a counter-notice.
- Three strikes on your YouTube account may lead to account termination.
What is a DMCA Takedown Notice?
The Digital Millennium Copyright Act is an alternative to litigation that creators use to remove infringing content. That means if you want to avoid going to court over copyright issues, you may send a DMCA notice to the person infringing your content or internet service provider.
You may also send a demand letter informing the infringing party that you are aware of the infringing activity and are ready to settle the issue out of court. You also have the option to take civil action.
Taking civil action is expensive, and there is no guarantee that the court will rule in your favor considering fair use exceptions.
If you decide to take civil action, our advice is that you contact a claim’s attorney immediately.
Can you go to Jail for Copyright Infringement on YouTube?
Yes, but it rarely happens. Why? Under the DMCA act, altering or providing false copyright management information such as the name of the author or creator, copyright owner, the title of video or media, and so on is unlawful.
Sidenote. Proposed by Amy Klobuchar in 2011. Senate bill 978 “ten strikes bill/commercial felony streaming act” says that if you profit from infringing material or if more than ten people see a YouTube video that contains infringing material on your channel, the penalty is up to five years in prison. That means under the proposed bill, streaming unlicensed content is a felony.
The House bill did not pass.
How to file a DMCA Takedown Notice on YouTube
Note that when you submit a DMCA takedown notice on YouTube, you start a legal process. Because of that, if you submit false information, you may face perjury charges. On top of perjury charges, the person you send the notice to may take civil action.
To avoid the legal pitfalls that may come your way, the following is what you must do on YouTube before you submit a DMCA takedown notice:
Consider Fair use and Fair Dealing Exceptions
Note that it is up to the court to decide what constitutes fair use or fair dealing. However, in general, fair use exceptions, as mentioned, allow you to use someone else’s work on the condition that you use the work for a “transformative purpose.” For example, to criticize, make fun of, or in news reports.
In the UK, “fair dealing” allows you to use someone else’s work for satire, news reporting, provision of legal advice, or to criticize or review.
Collect Evidence and Proof of Ownership
You will need a link to the infringing content, and screenshots or timestamps of the infringing activity.
What to remember
- Attributing the copyright owner does not absolve a copyright infringement. Consequently, the owner may take civil action or file a DMCA takedown notice.
- If you upload a copyrighted video on YouTube, the video belongs to the copyright owner, and YouTube may issue a strike on your channel.
- A strike notice on YouTube means that the copyright owner submitted a valid takedown notice.
- If YouTube receives a valid takedown notice, it will take down the video in compliance with the DMCA act.
- YouTube may terminate your channel for repeat violations.
- Only the court can decide what is fair use.
- Fair use exceptions depend on the laws in your country.
- If you receive a copyright take-down request on YouTube, you have seven days to take down the video, or your channel will receive a strike. If you do not take down the video, YouTube will remove it in 7 days.
How to file a DMCA Takedown Notice on YouTube: steps
If you notice anyone using your work without authorization on YouTube. You may file a manual copyright claim, a content ID claim, or you may send a DMCA takedown notice to the individual/channel or YouTube. A manual claim allows you to claim videos not matched by YouTube’s Content ID system. To use it, you will have to log in to your YouTube channel Dashboard.
Steps: file a DMCA takedown notice on YouTube
step 1: find the video you want YouTube to remove
Note: If you need more advanced DMCA protection you can actively scan the internet for DMCA trademark infringements with DMCA Pro.
note that once you submit the form, a legal process begins. So, it is vital to make sure that (1) you have evidence to back your claim. (2) you did not give consent to the infringing party to use your work. (3) fair use exceptions do not apply to the video.
What to do if you Receive a DMCA Takedown Notice on YouTube
If the content is not yours, or if you do not have permission to use it. The best thing to do legally is to take down the content. However, you may file a DMCA counter-notice. When you file a counter takedown notice, the copyright owner has thirty days to respond. If the owner does nothing within the thirty days, the claim will expire, and YouTube may reinstate the video.
How to write a DMCA Takedown Request on YouTube
As mentioned, you may send a DMCA takedown request directly to YouTube.
When you write a DMCA takedown notice, it must contain the following:
- Collect evidence: you will need the infringing video’s URL, and proof of ownership of the video, music, or other content. We suggest also taking screenshots of sections that infringe on your work.
- Your take-down notice must contain a statement that you have a good faith belief that the content is infringing on your rights. Remember, you may face perjury charges or a civil lawsuit if the two statements contain false information.
- The second statement affirms your belief that the statement provided is accurate.
- The notice must contain your physical or digital signature.
Note: YouTube has an automated process that you may use to draft a DMCA takedown notice.
How to Avoid Copyright Infringement Takedowns on YouTube
- As for written permission from the owner before uploading content that is not yours.
- Check your country’s fair use or fair exceptions policy.
- Use your country’s fair use exceptions as a guide when making YouTube videos.
- Transform the original, do not copy directly.
- Attribute the creator (the owner may file a takedown request or take civil action even if you attribute him).
Other DMCA Takedown Processes
If you need more advanced DMCA protection you can actively scan the internet for DMCA trademark infringements with DMCA Pro.