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YouTube Copyright Basics: What New Creators MUST Know
Starting a YouTube channel is exciting! You have ideas, passion, and you're ready to share your voice with the world. But before you dive headfirst into creating and uploading, there's one crucial topic you absolutely need to understand: YouTube copyright basics for new creators.
Ignoring copyright can lead to serious problems, including strikes against your channel or even permanent deletion. This guide is designed to simplify copyright law as it applies to YouTube, helping you understand your rights and responsibilities so you can build your channel safely and confidently.
Let's break down what copyright means on YouTube, how the strike system works, and most importantly, how to avoid common pitfalls.
What is Copyright on YouTube?
In simple terms, copyright is a legal right that protects original works of authorship, such as videos, music, photos, and written content. When you create an original video and upload it to YouTube, you automatically own the copyright to that video. This gives you the exclusive right to:
- Make copies of your video
- Distribute your video
- Perform or display your video publicly
- Create derivative works based on your video
No one else can legally do these things with your video without your permission.
The flip side is that you also cannot use someone else's copyrighted work in your videos without their permission. This includes:
- Background music
- Clips from movies, TV shows, or other YouTube videos
- Photos or images you find online
- Segments of podcasts or audio recordings
Using copyrighted material without permission is called copyright infringement, and it can have serious consequences on the platform.
How the YouTube Copyright Strike System Works
YouTube has a specific system for handling copyright infringement claims, and it's crucial for new creators to understand.
When a copyright owner believes you've used their material without permission, they can submit a formal copyright takedown request to YouTube. If YouTube determines the request is valid, they will remove your video and issue a copyright strike against your channel.
Here's what happens when you get strikes:
- First Strike: You'll receive a warning via email and within your YouTube Studio account. The video is removed. This strike expires after 90 days, but you'll need to complete Copyright School, a short course on YouTube copyright policies.
- Second Strike: If you receive a second strike before the first one expires (within the 90-day window), your ability to upload, post, or livestream might be limited for two weeks. This strike also expires after 90 days.
- Third Strike: If you receive a third strike before the first or second one expires, your channel will be permanently removed from YouTube.
It's important to note that copyright strikes are the result of manual takedown requests by copyright owners, not automated systems like Content ID (which usually results in claims, not strikes).
Resolving a copyright strike can be difficult. Your options are usually to either wait for the strike to expire (90 days) or get a retraction from the copyright owner. A third option is submitting a counter notification if you believe the takedown was a mistake, but this is a legal process with potential consequences if unsuccessful.
The takeaway? Avoiding strikes in the first place is always the best strategy.
How Can I Use Copyrighted Material on YouTube Legally?
Using copyrighted material legally on YouTube primarily comes down to one thing: permission.
The most straightforward ways to legally use copyrighted content are:
- Get Direct Permission: Contact the copyright owner and ask for permission to use their work. This usually involves obtaining a license, which might require paying a fee or agreeing to specific terms.
- Use Royalty-Free or Licensed Content: Utilize resources that offer music, stock footage, and images specifically licensed for use in online videos. YouTube's own Audio Library is a great source for free music and sound effects. Many third-party sites offer royalty-free assets for a fee or subscription. Read the license terms carefully to ensure your intended use is covered.
- Create Everything Yourself: The safest way to avoid copyright issues is to only use content you have created yourself or that is in the public domain (meaning its copyright has expired).
Simply crediting the source of the copyrighted material in your video or description is not enough to make your use legal and will not protect you from a copyright strike. The copyright owner still has the right to issue a takedown request.
What is Fair Use on YouTube?
"Fair use" is a legal concept that permits limited use of copyrighted material without permission for purposes such as commentary, criticism, news reporting, teaching, scholarship, or research. It's often misunderstood as a free pass to use anything, but it's actually a legal defense that can be argued in court, not an automatic right on the YouTube platform.
Claiming "Fair Use" does not prevent a copyright owner from issuing a strike against your video. Even if you believe your use falls under fair use, an IP owner can still request a takedown. On YouTube, fair use doesn't stop the strike from happening; it's something you might argue after a strike is issued (via a counter notification) or in formal legal litigation.
Determining whether something qualifies as fair use is done on a case-by-case basis by judges in a court of law, considering four key factors:
- Purpose and Character of the Use: Is your use transformative? This is a crucial factor. Are you simply using the original material, or are you adding significant new meaning, commentary, criticism, or educational value that makes your video a distinct new work? Using content for commercial purposes (monetization) can make a fair use defense harder.
- Nature of the Copyrighted Work: Is the original work factual (like a news report) or creative (like a song or movie)? Using factual works is sometimes more likely to be considered fair use than using highly creative works.
- Amount and Substantiality of the Portion Used: How much of the original work did you use? Using only a small, necessary portion is more favorable than using a large chunk or the "heart" of the work. There's no magic number (like 30 seconds or 2-3 seconds); it depends on the context.
- Effect of the Use Upon the Potential Market: Does your use harm the market for the original work? For example, if your video is a substitute that prevents people from needing to watch or purchase the original, it's less likely to be considered fair use.
Many creators who use other people's content extensively (like in video essays or commentary channels) rely on the concept of fair use. However, this inherently carries risk. While many are successful, they often succeed by being highly transformative and hoping that the copyright owners don't pursue claims due to the cost or the nature of the content.
For new creators, relying on fair use is a risky strategy. It's much safer to assume that using copyrighted material without explicit permission could result in a strike.
Avoiding Copyright Issues: Best Practices for New Creators
Protecting your channel from copyright strikes is essential, especially when you're just starting out and working towards monetization. Here are key best practices:
- Create Original Content: The simplest and safest approach is to use your own original footage, audio, and graphics.
- Use YouTube's Audio Library: Access a wide selection of free music and sound effects directly within YouTube Studio that you can use in your videos without worrying about copyright claims or strikes.
- Source Licensed Material Carefully: If you need third-party assets (stock footage, music), use reputable royalty-free or licensed platforms. Always double-check the license terms to ensure they allow use on YouTube and for monetization if you plan to do so.
- Be Cautious with "Fair Use": Do not assume that simply adding commentary or using a short clip guarantees fair use protection on the platform. Only use third-party content if you understand the risks and are confident your use is highly transformative and aligns with fair use principles (and be prepared for potential strikes anyway).
- Understand Music Licensing: Music is one of the most common sources of copyright issues. Using popular music in your videos without a proper license from both the recording artist and the songwriter is almost guaranteed to result in a copyright claim or strike.
- Avoid Using Intros/Outros from Other Channels: Even short, seemingly insignificant elements like intro music or graphics can be copyrighted.
- Don't Re-upload Other Creators' Content: Simply re-uploading someone else's video, even with minor edits or commentary, is a clear copyright violation and can also fall under YouTube's "reused content" policy, preventing monetization.
Navigating YouTube policies, including copyright, is a major concern for new creators. Focusing on compliance and best practices from day one prevents channel-damaging issues that can halt your growth and monetization journey.
Tools & Resources
Understanding copyright is a critical part of building a sustainable channel. While this guide provides the basics, continuously educating yourself on YouTube's policies is important.
Tools like Subscribr can assist creators in developing content strategies that minimize risk while maximizing potential. Subscribr's research features and script-writing tools help you build original content based on solid ideas, reducing the need to rely on third-party material that could lead to copyright issues. By providing tools to analyze successful content structures and generate original scripts, Subscribr empowers new creators to build their channels on a foundation of safe, high-quality content.
Conclusion
Copyright on YouTube doesn't have to be a scary, confusing topic. By understanding the basics – what copyright protects, how the strike system works, and the risks of using copyrighted material without permission – you can make informed decisions that protect your channel.
Focus on creating original content, utilize licensed resources, and be extremely cautious when considering using any third-party material. Building your channel on a foundation of copyright compliance is a key step towards long-term success and monetization on the platform. Stay informed, create responsibly, and keep sharing your unique voice with the world!
