YouTube copyright strike
{{short description|Website policy action}}
{{Distinguish|YouTube Content ID claim}}
{{Multiple issues|
{{Essay-like|date=July 2020}}
{{unbalanced|date=October 2021}}
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File:YoutubeCopyrightStrike.png
YouTube copyright strike is a copyright policing practice used by YouTube for the purpose of managing copyright infringement and complying with the Digital Millennium Copyright Act (DMCA).{{cite web|author1=Electronic Frontier Foundation|author-link1=Electronic Frontier Foundation|title=A Guide to YouTube Removals|url=https://www.eff.org/issues/intellectual-property/guide-to-youtube-removals|website=Electronic Frontier Foundation|access-date=13 July 2016|date=6 February 2009}} The DMCA is the basis for the design of the YouTube copyright strike system. For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process. YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. When a YouTube user gets hit with a copyright strike, they are required to watch a warning video about the rules of copyright and take trivia questions about the danger of copyright.{{cite web|title=Google hires Happy Tree Friends to explain copyright to YouTube uploaders |url=https://www.scpr.org/blogs/newmedia/2011/04/14/2862/google-hires-happy-tree-friends-explain-copyright-/ |last=Roe |first=Mike |date=April 14, 2011 |website=KPCC}} A copyright strike will expire after 90 days. However, if a YouTube user accumulates three copyright strikes within those 90 days, YouTube terminates that user's YouTube channel, including any associated channels that the user has, removes all of their videos from that user's YouTube channel, and prohibits that user from creating another YouTube channel.{{cite web|title=Copyright strike basics|url=https://support.google.com/youtube/answer/2814000|website=YouTube|access-date=16 July 2018}}
YouTube assigns strikes based on reports of copyright violations from bots.{{cite web |last1=Douglas |first1=Nick |title=You Can't Fool YouTube's Copyright Bots |url=https://lifehacker.com/you-cant-fool-youtubes-copyright-bots-1822174263 |website=Lifehacker |date=24 January 2018}}
Some users have expressed concern that the strike process is unfair to users.{{cite news|author1=staff|title=Is YouTube's three-strike rule fair to users?|url=http://news.bbc.co.uk/2/hi/programmes/click_online/8696716.stm|access-date=13 July 2016|publisher=BBC News|date=21 May 2010}} The complaint is that the system assumes the guilt of YouTube users and takes the side of copyright holders even when no infringement has occurred.
YouTube and game company Nintendo were criticized by Cory Doctorow, a writer for the blog Boing Boing, due to them reportedly treating video game reviewers unfairly by threatening them with strikes.{{cite web|author1=Cory Doctorow|author-link1=Cory Doctorow|title=Youtube and Nintendo conspire to steal from game Superfans|url=http://boingboing.net/2015/03/27/youtube-and-nintendo-conspire.html|website=Boing Boing|access-date=13 July 2016|date=Mar 27, 2015}}
Reasons for strikes
= Disagreements about what constitutes fair use=
Fair use is a legal rationale for reusing copyrighted content in a limited way, such as to discuss or criticize other media. Several YouTube creators have reported receiving copyright strikes for using media in the context of fair use.{{cite web |last1=Alexander |first1=Julia |title=YouTubers voice concerns over hefty Universal Pictures copyright strikes |url=https://www.polygon.com/2018/4/3/17190018/universal-pictures-copyright-strike-chris-stuckmann-youtube-appeal |website=Polygon |date=3 April 2018}}
=Suppression of criticism=
YouTube creators have reported receiving copyright strikes on videos critical of corporate products. They assert that copyright violation, in this context, has been used as a strategy to suppress criticism.{{cite web |last1=Eordogh |first1=Fruzsina |title=TikTok's Owners Falsely Copyright Strike Criticism Of App |url=https://www.forbes.com/sites/fruzsinaeordogh/2018/09/01/tiktoks-owners-falsely-copyright-strike-criticism-of-app/#213caa656586 |website=Forbes |language=en |date=1 September 2018}}
=Strikes for posting own work=
Copyright strikes have also been issued against creators themselves.{{cite web |last1=Weiss |first1=Geoff |title=YouTube Guitarist Claims He Got A Copyright Strike For Infringing upon His Own Song - Tubefilter |url=https://www.tubefilter.com/2018/07/06/youtube-guitarist-copyright-infringement-own-song/ |website=Tubefilter |date=6 July 2018}} Miracle of Sound's channel was hit with copyright strikes as a result of automated strikes by the distributor of their own music.{{cite web | url=http://www.escapistmagazine.com/news/view/130667-YouTube-Issued-Copyright-Claims-Against-Miracle-of-Sound | title=YouTube Issued Copyright Claims Against Miracle of Sound | publisher=The Escapist | date=19 December 2013 | access-date=23 October 2016 | author=Lemon, Marshall | archive-date=24 October 2016 | archive-url=https://web.archive.org/web/20161024024024/http://www.escapistmagazine.com/news/view/130667-YouTube-Issued-Copyright-Claims-Against-Miracle-of-Sound | url-status=dead }}{{cite news |last1=Edward |first1=Jason |title=YouTube Marketing |url=https://www.laweekly.com/buy-youtube-views |access-date=7 June 2023 |publisher=laweekly.com}}
=Strikes for works in the public domain=
In a similar incident to strikes, though in another forum, Sony Music issued an automated copyright strike against James Rhodes for a video on Facebook of him playing a part of a piece by Bach, on the grounds that they owned the copyright on a similar recording, and when the strike was challenged, asserted that they owned the rights to the work, before finally admitting that Bach's compositions are in the public domain.{{cite web |last1=Doctorow |first1=Cory |title=The future is here today: you can't play Bach on Facebook because Sony says they own his compositions |url=https://boingboing.net/2018/09/05/mozart-bach-sorta-mach.html |website=BoingBoing |date=5 September 2018}}
=Strikes for unknown reasons=
Some publishers on YouTube report not understanding why they have received strikes.{{cite web |last1=Klepek |first1=Patrick |title=Atlus Keeps Hitting Tiny YouTube Channels With Copyright Strikes |url=https://www.kotaku.com.au/2015/10/atlus-keeps-hitting-tiny-youtube-channels-with-copyright-strikes/ |archive-url=https://web.archive.org/web/20151028115713/http://www.kotaku.com.au/2015/10/atlus-keeps-hitting-tiny-youtube-channels-with-copyright-strikes/ |url-status=dead |archive-date=October 28, 2015 |website=Kotaku Australia |language=en |date=27 October 2015}}
References
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External links
- [https://support.google.com/youtube/answer/2814000?hl=en Copyright strike basics] in YouTube Help
- [https://www.youtube.com/watch?v=OuGPvlCVsqo How to Dispute a Strike -- DMCA Process Explained] by h3h3Productions
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Category:Copyright infringement