Takedown Games Youtube
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Why was my video removed?
Should I dispute it?
More resources
Why was my video removed?
The reason for the removal of a video is usually mentioned in the email that YouTube sends to the account holder regarding the removal. If you didn't receive an email from YouTube, check your spam folder and check that the email address for your YouTube account is current. The message also should appear in your YouTube account, so check there as well.
Terms of Service Violation
These removals usually have nothing to do with copyright. Instead, they generally result when a video is flagged as containing nudity, gratuitous violence, or otherwise in violation of YouTube's Terms of Use or Community Guidelines. The Terms of Service also state that 'YouTube reserves the right to remove Content and User Submissions without prior notice,' so YouTube takes the view that it can remove a video for any reason it likes.
For more information about these Terms of Service removals, see YouTube's help pages. Sometimes, if you ask nicely, YouTube may review and reconsider the removal, although we are not aware of a formal process for this.
Content ID Match
Many videos trigger a response from YouTube's 'Content ID tool' (also sometimes called the Video ID tool). According to YouTube, this system enables 'copyright holders to easily identify and manage their content on YouTube.' It works by checking every video uploaded against a database of audio and video 'fingerprints' submitted by rightsholders. So when you upload a video, the Content ID tool can spot a song snippet used in that video, even if you never mention the name of the song or performer in the video description or title. You'll know if your video has been matched because a note will appear next to the video on the 'My Videos' page.
The rightsholder gets to decide what happens when there is a match by setting 'usage restrictions' — it can elect to Block, Track, or Monetize (i.e., put ads around the video and get a portion of the revenues). Major music labels have mostly opted for the 'Monetize' approach. In most cases, no human looks at the videos — YouTube's computers spot the match and apply the 'Block' usage policy automatically.
This tool created by YouTube can help you determine in advance whether a rightsholder might seek to block or monetize your video.
DMCA Takedown Notice
DMCA takedowns normally result from formal notices of copyright infringement from rightsholders to YouTube about your video.
As part of the Digital Millennium Copyright Act of 1998 (DMCA), Congress granted online service providers (like YouTube) certain protections from copyright infringement liability, so long as they meet certain requirements. One requirement of this 'DMCA safe harbor' is that online service providers must implement a 'notice-and-takedown' system. Another requirement is that YouTube must cancel the accounts of 'repeat infringers.'
That's why, when YouTube receives a formal DMCA takedown notice from a rightsholder, it removes the video. It also puts a 'strike' on your account, and requires you to complete a mandatory session in its online 'Copyright School.' Once you accumulate 3 'strikes' on your account, YouTube will cancel all of your YouTube accounts, taking down all of your videos and refusing to allow you back as a YouTube account holder.
A proper DMCA takedown notice must meet certain requirements, such as identifying the infringing material clearly and specifically, and stating that the sender has a 'good faith belief' that the material actually infringes copyright. Too often, however, we have come across improper notices and/or takedowns based solely on keywords or a purely automated process.
If you learn that your video has been targeted under the DMCA, be sure to ask for a copy of the notice if it was not already forwarded to you.
YouTube's 'Contractual Obligations'
YouTube has made agreements with certain rightsholders where special privileges have been granted allowing rightsholders to remove content as they see fit. If your video has been removed for this reason, YouTube will inform you and provide the contact information of the rightsholder to discuss the removal.
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Getting Your Video Restored
Next we'll discuss information that will help you decide whether to send a dispute or counter-notice.
Disputing a Content ID Removal. If your video was removed thanks to a Content ID match, it's quite possible that no human at the rightsholder's office has ever seen your video. The fingerprint matching is done by YouTube's computers, and generally the blocking is done automatically. When you submit a dispute, however, the rightsholder is notified and your video goes into their 'review' queue.
In other words, sending a dispute might well trigger the first human review of your video. Ask yourself what those who are employed by the rightsholder are likely to think when they see your video. Will they put it into the 'let it slide' hopper, or make it a priority to remove? While it's impossible to predict what policies or sensitivities any particular rightsholder might have in place, there are a few things to keep in mind.
- First, the review staff are likely to take a dim view of verbatim, unedited copies of their works. That's the stuff that they call 'piracy.'
- Second, rightsholders are often sensitive about uses that, if they became widespread, would cut into an existing or anticipated revenue stream. For example, the music industry is used to getting paid when one of its songs is used in a car commercial. If you are posting a video advertisement for your business on YouTube, and using a song as the soundtrack, some in the music industry may worry that your use is usurping the business of licensing songs for use in Internet video ads.
- Third, some rightsholders can be sensitive about videos that criticize, parody, or mix their content with unexpected themes. Of course, these may also be precisely the situations where fair use (see below) and the First Amendment should protect the video. Nevertheless, some rightsholders may want to silence this kind of expression and may be willing to use DMCA takedowns, even if improper, to do so.
If your video was matched by the Content ID tool, you can submit a 'dispute' and get it put back up. This can be done from the 'copyright notices' section for your videos and requires you to answer a few questions. Once you submit a dispute, rightsholder can uphold the Content ID claim and reject the dispute, or release the claim. At this stage, if your account is in good standing with YouTube, you can appeal the rejected dispute with a maximum of three appeals at any given time. The rightsholder can then either release the claim on the video, or issue a DMCA takedown notice (more on that below). A rightsholder has 30 days to review a Content ID dispute, and 30 days to respond to an appeal of a rejected dispute.
Instead of filing an immediate copyright takedown in response to a Content ID appeal, rightsholders can take advantage of a YouTube 'feature' that allows them to schedule takedowns of videos. If a user receives a scheduled (or delayed) takedown notice notification from YouTube, they have 7 days to cancel their Content ID appeal, which will consequently keep the rightsholder claim active on the video. This is ostensibly done to help users avoid copyright takedowns that can lead to strikes on their channels. However, it's another step in an already onerous and intimidating process that users have to follow to in order to preserve their lawfully uploaded content.
It is important to keep in mind that at any stage in the process of disputing a Content ID claim, rightsholders can initiate the DMCA takedown process, or sue you. If they do sue you, though, the cost of defending yourself could be considerable, and if you lose it's possible you could be on the hook for damages and even the rightsholder's attorneys' fees.
To sum up, if your video was removed by the Content ID tool, and you decide to dispute the removal, you will have tweaked the rightsholder's tail. Sometimes the rightsholder will decide that your video wasn't the kind of thing it meant to remove, and just leave the video alone. If, on the other hand, the rightsholder really wants the video to stay down, the easiest and cheapest way to accomplish that is to send a DMCA takedown notice.
Sending a DMCA Counter-notice.
If your video was removed by a DMCA takedown notice, you can submit a 'counter-notice'. In order to be valid, however, the counter-notice must include your contact information, a signature, a statement under penalty of perjury that the 'material was removed or disabled as a result of a mistake or misidentification,' and your consent to the jurisdiction of your local federal court (if the rightsholder elects to sue you). Unless the rightsholder files a copyright infringement lawsuit against you within two weeks of receiving your counter-notice, your video will be restored and the 'strike' removed from your account. If the rightsholder does sue, your video stays down until the lawsuit is resolved.
In addition, every DMCA takedown notice that is sent regarding one of your videos counts as a 'strike' on your account. If your account accumulates three strikes, YouTube will cancel all of your accounts and remove all of your videos. The only way to remove a strike is to send a formal counter-notice.
When you send a counter-notice to YouTube, you leave the rightsholder with two choices — either allow the video to be restored after 10 business days, or sue you to keep it down (the rightsholder could contact you and ask you to withdraw your counter-notice before suing, but is not required to do so). This is consequently a higher stakes game than disputing a Content ID removal, because the rightsholder does not have a cheap and fast way to keep the video down, short of suing you. We recommend that users research copyright law and consult a qualified attorney before sending DMCA counter-notices.
Disputing a Contract Claim
Under these anti-user agreements, the usual ways to dispute rightsholder claims are not available. In many instances, even if you successfully submit a DMCA counter-notice, the video will not be reinstated. These agreements are opaque, and scope of what's allowed under them is unknown. They may be short-term, or long-term.
Fair use is dealt a serious blow under these agreements.
Deciding Whether to Challenge a Takedown
Because disputing a takedown can have potentially serious legal consequences, you should exercise care in deciding what to do. The following is intended to provide general information, and is not legal advice. We encourage you to contact a qualified lawyer if you intend to dispute or counter-notice to restore a video.
The first issue you might consider is whether the claim might be correct. Does your video use copyrighted material? Do you have a right to use that material? There are many circumstances where copyright law allows you to borrow from pre-existing works owned by others. The most important of these are addressed by a legal doctrine known as 'fair use,' which excuses activity that might otherwise constitute copyright infringement. In evaluating whether something is a fair use, courts generally consider four factors:
- the nature of your use (transformative works are more likely to be fair uses, as are noncommercial works);
- the nature of the copyrighted work (you have more fair use leeway with factual works like news stories than purely creative works);
- the amount taken from the copyrighted work (this is both a quantitative and qualitative inquiry); and
- the effect on the market for or value of the work.
No one factor is dispositive, and the cases say that all the issues need to be considered together, rather than simply calculating a win-loss record on the four factors.
Fair use is a big topic. Fortunately, there are excellent resources online that explain it in more detail (e.g., Stanford's Copyright and Fair Use Center, Chilling Effects, the Fair Use Network, the Center for Social Media).
For most YouTube videos, however, a good place to begin your analysis is to ask the following questions:
- Is my video transformative? Is it noncommercial?
- Is my work a substitute for the original? Will people still want to buy the original after seeing my video?
- How much of the original work did I take, both quantitatively and qualitatively?
- Was the purpose of my use noncommercial, educational, for the purpose of research?
- If my use were to become widespread, would it harm the market for or value of the original work
I Think What I Did Was Lawful, What Else Do I Need to Consider?
Many people faced with a takedown are looking for the answers to two more questions:
- If I dispute or counter-notice, will I get sued?
- If I were sued, would I win?
Those can be difficult questions to answer, because videos are different, rightsholders are different, and cases are different. These are questions to discuss with a qualified lawyer.
Let's start with two facts:
- If your video incorporates copyrighted material owned by someone else (like a clip taken from a movie, TV show, or song performed or written by someone else), the rightsholder could sue you at any time. They don't have to warn you first, they don't have to use the Content ID tool, they don't have to send a DMCA takedown notice.
- It is very rare for a typical YouTube user to be sued by a major entertainment industry company for uploading a video. We have heard of a couple special cases, involving pre-release content leaked by industry insiders, but those aren't typical YouTube users. And there have probably been a few lawsuits brought by aggressive individual copyright trolls. That's right — millions of videos have been posted to YouTube, hundreds of thousands taken down by major media companies, but those companies have not brought many lawsuits against YouTube users.
So, while a lawsuit is always a possibility to be taken seriously, it is not as if the entertainment industry has launched a mass lawsuit campaign against YouTubers. Of course, that could change (see, e.g., what the music business did to P2P file sharers). But when you dispute or counter-notice, you are calling attention to yourself, and its a good idea to be confident about your legal position and risk.
If I Do Get Sued, What Then?
If you suspect that there is a possibility that you could be sued, but you want to dispute or counter-notice anyway, that would be a good time to seek specific legal advice (you may contact EFF, although we cannot promise to be able to help everyone). But here's some general information.
Lawsuits are Expensive. Litigation is a very expensive undertaking in our civil justice system. Under copyright law, a court may force the losing side to pay the winning side's attorneys' fees, but it is not mandatory. So even if you win, you might be left to foot your own legal bills. (Fortunately, some lawyers, including EFF, will take cases on a pro bono basis, but there are many more deserving defendants than there are pro bono resources to defend them.)
What If I Lose?
Copyright law provides a prevailing party with a variety of remedies, including actual damages (how much money did the rightsholder lose due to your video) and disgorgement (any profits you made). If the copyrighted work was registered with the Copyright Office before the infringement began (most major media companies register their TV programs, movies, songs, etc.), the rightsholder may be eligible for an award of their attorneys' fees (which can quickly mount to be greater than any damages award), and can also opt for 'statutory damages,' where the court imposes a fine of anywhere between $750 and $30,000 (and up to $150,000 for willful infringements) per work infringed.
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When someone infringes on copyright — whether it’s someone doing it to you or you doing it to someone else — there will be consequences. YouTube takes the breach seriously and will take down the infringing video. It also penalizes the offender with a strike. And as in baseball, if you take three strikes, you’re outta there! YouTube boots you and your channel if it gets to this point.
To ensure that it doesn’t happen to you, follow this advice:
Remember who owns the copyright
It’s fairly simple: If you created the video, the copyright belongs to you; if you upload content created by someone else, the copyright belongs to that person, and you had better have permission to do it.
As soon as the work is created, so is the copyright, and since 1992, there’s no longer a renewal process. Copyright lives with the creator — and even lives on for a period after the death of the creator.
Attribution does not absolve a copyright violation
Some people steal other people’s work and claim it as their own, and that’s blatant infringement. But it’s no less of an offense when you use content and then add a line saying, “Created by so‐and‐so.” It’s still a breach that can earn a strike and a block the video.
If you use someone else’s work in your video without that person’s permission, it doesn’t make it less of an offense just because you give the person credit. You’re still in violation because attributing the creator doesn’t absolve you if don’t get permission.
Know the consequences
YouTube takes copyright issues seriously — and it blocks or takes down any video that infringes on copyright. Two things can happen, and though they sound similar, they’re completely different:
Takedown notice: If someone notices content they’ve created being used without their permission, they can send YouTube a complaint. If it’s a breach, YouTube takes down the video.
If you feel compelled to lodge a complaint, just be extra sure that it’s your content and that the breach is accurate, because you’re initiating a legal process.
Content ID match: Content ID is a system YouTube uses to automatically match content that violates copyright against the millions of videos uploaded every month to the site. For Content ID to work properly, copyright owners have to upload so‐called reference files — original versions of their work that prove they own the rights.
Normally, record labels, movie studios, or TV stations go through this process for all the work they publish, so individual artists don’t have to worry about it. Every new video uploaded to YouTube is checked against this huge library of reference files, and if there is a match, YouTube automatically files a copyright claim for the owner of the work.
No matter how a copyright violation may have been discovered, if you breach another content creator’s copyright, that creator is in a position to have YouTube take down your content. In the event of a mistake, you can send YouTube a notice saying that an error occurred, but you had better be darn sure about it. If the claim ends up being proven correct, or if you were untruthful in any way, you may find yourself in much bigger trouble, including legal action.
The profit motive is irrelevant
Some folks will say “Hey, it’s all right if I use someone else’s content, because I’m not looking to make any money.” Say that before the judge and the verdict will still be “Guilty of copyright infringement!”
Whether you intend to make money from the video or you simply want to share your masterpiece with the world, it still doesn’t mean that you can violate copyright law. You need to get permission from the copyright holder.
Getting permission for using copyrighted material
Getting permission to use someone else’s copyrighted material is often well within the realm of the possible. A nicely written note explaining how you would use the content usually is enough for a rights holder to grant permission.
Just remember that it can get dicey, because sometimes permission comes with the caveat that you cannot monetize the overall video. That restriction can hurt big‐time if your intention is to quit your day job, but it may end up being a bittersweet solution if you’re merely looking to add flavor to your video.
Fair use is complicated
Albert Einstein never failed math, unicorns don’t exist, and fair use is anything but easy — or fair — to understand. Debunking the first two of these myths is easy. All right, maybe the first is, but when it comes to fair use, that’s a single‐horned horse of a different color.
Many misconceptions exist surrounding fair use, among them the notion that you can use anything you want as long as you don’t go beyond some arbitrary time constraint. But it’s much more complicated. In some editorial situations, you can use copyrighted material without permission, but you must fully understand those situations to avoid future trouble.
If you feel the need to exercise fair use, and the use is for nonprofit and educational purpose, here a few acceptable uses to consider:
Criticism: Reviewing a movie or some form of music makes it perfectly acceptable to use copyrighted material without permission, for example short clips on the work you critique.
Parody: If you’re poking fun at something, it’s acceptable to use content without first gaining permission.
Commentary: This one depends on how you use the material. If it’s used just enough to illustrate your point, it’s acceptable. For instance, gamers on YouTube often record themselves playing a new video game and offer funny observations. This is, within limits, fair use.
And now for the misconceptions:
You can use 40 seconds of anything: It’s completely untrue. You can’t use even 4 seconds if it doesn’t comply with the circumstances in the preceding list.
The notion that you can decide fair use for yourself: Fair use is complicated for many situations, so you may not be sure exactly what you’re allowed to do. The thing is, if you stretch the limits of fair use too far, you can be sanctioned by YouTube. That’s why a copyright attorney should decide any serious question over fair use.
Don’t let copyright iIssues on YouTube lead to a strikeout
Three strikes and you’re out is a common understanding when playing baseball. But in baseball, you get another chance after another eight batters have had their try. YouTube doesn’t share this benevolence, so if they give you strikes — especially for copyright issues — that means a lifetime ban.
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That’s something you don’t want on your record; worse yet, once that happens to you, you won’t be able to recover any of your videos. So you want to avoid getting strikes at all costs.
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There are two types of YouTube strikes:
Community Guideline Strikes: These can result from a variety of reasons, ranging from uploading objectionable content to having a misleading thumbnail or caption.
Copyright Strike: If some part of your video includes content from another creator and that creator did not grant you permission, you can get a strike. You can also get a ContentID claim lodged against you that can turn into a strike. You can appeal it in both cases or take down the video to avoid a possible strike.
Other things you should know:
Mandatory copyright school must be completed: With every strike, YouTube requires that you take an online course and take a little quiz to be sure you’re up to speed on copyright regulations.
Strikes come down, eventually: As long as you haven’t struck out, some strikes disappear after a while — usually six months. If you get another strike, the clock starts over.
Your fate usually lies with the copyright holder: That person can decide whether the video you uploaded should be removed, flagged in certain regions, or even monetized. Yes, that’s right: Even though the video may contain only a small portion of the person’s material, he’s entitled to all monetization proceeds. He can even put ads on your video, if you haven’t added monetization.
Wipe the slate clean
If you get a copyright strike from YouTube and you’re positive that you’re in the right, go ahead and appeal the strike.
If you’re not sure whether you can win, maybe it’s better to wait it out until the strike expires. You see, after you appeal the strike, your personal information goes to the copyright holder and that person can possibly sue you for copyright infringement. If the situation gets to this level, you still can work out an agreement directly with the copyright holder and see whether he will file an appeal with YouTube on your behalf if you both agree that you were within your rights to use the copyrighted material. It’s worth a shot.
YouTube’s robots are good at finding copyright infringements
Whether intentional or inadvertent, sometimes the content of other creators gets used in a YouTube video. Sometimes the breach is noticed, and at other times it goes undetected by the original creator. But as YouTube continues to refine its copyright detection system, it will find it more quickly than ever.
Part of those refinements to YouTube’s copyright detection system include sophisticated algorithms that scan every uploaded video and compare it to similar uploaded content, looking for matches with music, video, or pictures. It seems music gets detected the most. Even if it’s background music, you may get sanctioned. Usually, YouTube blocks the video, and you must submit a dispute form.
Copyright is not forever, but it’s forever enough for YouTube
Copyright lasts for 75 years past the death of the author; after that point, the copyrighted content enters the public domain. When that happens, the content is no longer protected by intellectual property laws, and anyone can use it without permission. Of course, for many people on YouTube, that content isn’t available to use without permission until we near the next century.
Of course, if the creator (or heirs) files a copyright extension, she can hold on to the rights — then the video of your dog dressed as a spider can stay in the family for as long as possible.