Login | March 14, 2025
YouTube and copyright: Three strikes and yerrrr out
RICHARD WEINER
Technology for Lawyers
Published: February 14, 2025
Having just crossed the threshold into having copyrighted works from 1929 pass into the public domain, it might be interesting to look at how some copyrighted materials are handled on the internet’s primary video delivery system of YouTube.
YouTube takes copyright very seriously.
Anyone posting copyrighted material who doesn’t hold that copyright gets two warnings, or “strikes,” and then, on the third strike, can be removed from the platform.
First off is Fair Use.
There have been numerous copyright YouTube Fair Use lawsuits with the burden on the copyright holder to explain to the platform why any given piece of copyrighted material should not be subject to the Fair Use Doctrine.
However, YouTube does take down any videos that are requested under the DCMA in order to remain compliant with that act.
This is the first “copyright strike,” which acts as an official first warning to the video creator that used the copyrighted material.
When this happens, video creators that had copyrighted material in their videos are taken to YouTube’s “Copyright School,” where they must watch instructional videos and take a quiz on YouTube’s copyright policies.
In addition, a copyright strike impinges on the creator’s ability to monetize their channel and the offender is monitored through the “YouTube Studio” platform.
If the offender then accumulates two more strikes (totaling three), they become toast on the platform.
Three strikes and yerrrrrrrrr out!
The channel and any associated accounts are terminated, all uploaded videos are deleted and the creator is prohibited from creating any new channels.
The copyright holder can choose to monetize the copyrighted material if they want to rather than having it taken down.
This is a copyright claim, versus the copyright strike.
A creator subject to a strike can appeal it if the creator believes the strike was in error or falls under Fair Use or Fair Dealing.
The creator can also request a retraction of the takedown order/infringement notice.
Copyright strikes are removed after 90 days, so the creator can wait the time out if they want.
YouTube has a tool called Content ID that scans posted materials and compares the posts against its huge library of copyrighted material.
It also has a tool called Copyright Match that detects duplicate content and notifies the original uploader.
This can allow a copyright holder to take action.
Thanks and h/t for the analysis to the folks at De Penning and De Penning.