Unfortunately, in today’s digital world, it’s not that difficult for others to steal copyrighted materials and upload them onto various social media platforms or video sharing sites like YouTube. But the good news is that if you are vigilant about policing your own creative works and catch someone uploading your content specifically to YouTube or using it elsewhere online without your permission, there are steps you can take to have the third-party video removed from most official sites.
With YouTube, the Terms of Service are very clear in their commitment to protecting the intellectual property of its users and content creators. YouTube has even created a Copyright Center to teach users about intellectual property safeguards and best practices in order to help video creators stay out of trouble and out of the crosshairs of an infringement suit.
Of course the chance still remains that someone could get ahold of your content and upload it to the platform. The infringement of the copyright could be intentional, such as those who would record an artist’s concert performance and upload the material for clicks and ultimately ad revenue, or unintentional, such as in the case of a child recording a favorite TV show on a cell phone and uploading the video without understanding the consequences of doing so.
No matter what the reason, you have the right to ask YouTube to remove any videos that infringe on your rights. The process of having a third-party video removed starts by submitting a formal “Copyright Complaint” with YouTube. Keep in mind that filing a copyright complaint with YouTube is the start of an official legal process. It’s important to be honest and accurate, as lying about copyright infringement in order to have someone’s video unfairly removed could result in your own account being suspended or permanently terminated from the platform.
Once you have finished the process of filing a formal copyright takedown notice, YouTube will evaluate your claim to see if your rights are ultimately being infringed upon. If it is found that the video in question does indeed violate your copyright, the name you entered as copyright owner will be published in place of the video in question with a notice that the content has been disabled.
If YouTube decides not to remove the video in question and you still believe that the content violates your copyright, you may need to speak to an attorney to further evaluate your options. Your attorney may send a Cease and Desist letter directly to the infringing party demanding that the video be removed, or you may be able to file a case in federal court if you have a properly registered copyright and you believe that you are entitled to damages.
With that said, if you are concerned that a video on YouTube violates your copyright and you’d like to learn more about the steps you can take to not only have the video removed, but to hold the copyright infringer accountable for his or her actions, we invite you to contact our Intellectual Property law firm at 888-666-0062 to schedule a consultation.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.