Intellectual property (IP) laws are getting stringent around the world, on account of the massive wave of content creation and its consumption on user-generated content platforms like YouTube. This has led to rampant IP infringement of copyright owners on such platforms. Copyright ID claims and copyright takedowns are the mechanisms existing on YouTube to provide redressal for such infringements.
Copyright ID Claim
- You must have heard YouTubers complain about their video getting a "copyright claim" because of a song playing in the background. This claim is made on account of copyright infringement, identified through YouTube's Content ID software.
- Content ID is YouTube's internally built software, consisting of an audio-visual database stored in the form of fingerprints. YouTube has invested close to $100 million in developing and updating Content ID.
- This system notifies copyright owners in case their work is copied or used by another creator. The original creator can then file a Content ID claim.
- On account of the claim, the original content creator has the following three options: (a) request YouTube to block the infringing video; (b) claim a share of its monetisation; or (c) demand detailed analytics of the video.
- Content ID is largely used as a means of generating additional revenue by copyright owners.
Copyright Takedown
Filing a copyright takedown initiates a legal process. It is governed by Section 512(c) of the Digital Millennium Copyright Act, 1998 ("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 the DMCA, the service provider must be based out of the US, like YouTube or Instagram. This legislation provides a redressal mechanism for cases of copyright infringement to citizens outside the USA as well.
The said section mandates intermediaries or service providers such as YouTube to expeditiously remove or disable access to infringing material upon receipt of a notification from the copyright owner.
Consequences of a Takedown
A copyright strike is levied on the infringer's channel. Copyright strikes affect the ability of the content creator to monetise their content, and can result in:
- Removal of the videos;
- Termination of the account, along with other associated accounts; and
- The infringer being unable to create any further accounts.
Conclusion
With Gen Z and millennials taking over the internet, user-generated platforms like YouTube have become a mainstream source of entertainment. Content creators are hopping onto trends to keep up with engagement, which leads to an immense scope for copyright infringement. In such a scenario, the twin processes explained above protect the interests of content creators. These checks and mechanisms also help boost content creation, alongside increasing audience engagement on the platform.
Disclaimer: The content of this article is intended to provide general guidance on the subject matter. Specialist advice should be sought about your specific circumstances.