The intellectual property (IP) laws are getting stringent around the world. This is on account of massive wave of content creation and its consumption on user generated content platforms like YouTube. It has led to rampant IP infringements of copyright owners on such platforms. Copyright ID claim and copyright takedowns are the mechanisms existing on YouTube to provide redressal for such infringements.
Copyright ID Claim:
- You must have heard YouTubers whine about their video getting a “copyright claim” because of a song playing in the background of their video. This claim has been made on account of the copyright infringement. It is identified through the content ID software of YouTube.
- Content ID is YouTube’s internally built software that consists of an audio-visual data base which is stored in the form of fingerprints. YouTube has invested close to $100 million dollars in developing and updating the content ID.
- This system notifies copyright owners in case their work copied/used is by another creator. The original creator can file a content ID claim.
- On account of the claim, the original content-creator has the following 3 options:
4.1. to either request YouTube to block the infringing video; or
4.2. claim a share of its monetization; or
4.3. demand detailed analytics of the video.
- Content ID is largely used as a means of generating additional revenue by copyright owners.
Filing a copyright takedown initiates a legal process. It is governed by section 512(c) of Digital Millennium Copyright Act, 1988 (DMCA), a US legislation. India being a member nation of the World Intellectual Property Organisation, the DMCA provisions are applicable in India as well. Therefore, Indian content creators can avail the reliefs under the said section. However, in order to seek redressal under DMCA, the service provider must be based out of the US, like YouTube, Instagram, etc. This legislation provides redressal mechanism for cases of copyright infringement to all those citizens outside the USA.
The said section mandates the intermediaries or service providers such as YouTube, to expeditiously remove/disable the access to the infringing material upon receipt of a notification from the copyright owner. Consequences of such a removal: –
Copyright strike is levied on the infringer’s channel. Copyright strike(s) affects the ability of the content creator to monetize their content. Copyright right strikes results in:
– removal of the videos;
– termination of the account along with other associated account(s); and
– the infringer won’t be able to create any more accounts.
With the GenZ and millennials taking over the internet, user generated platforms like YouTube have become mainstream source of entertainment. Content creators are hopping onto the trends to keep up with their engagement. This leads to an immense scope for copyright infringements. In such a scenario, twin processes explained above, protects the interests of content creators. These checks and mechanisms also help in boosting content creation along with increasing audience’s engagement on the platform.
The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.
Key Words: YouTube, Copyright claim, Copyright strike, content creators, DMCA, engagement, Intellectual Property.