Keeping track of everything that happens on YouTube is hard, especially when it comes to copyright law. Let’s say you upload a video to YouTube, and Content ID (the platform’s proprietary software that detects any unauthorized version of a client’s piece of content), finds someone else who uploaded that same video without your authorization. Copyright owners have a couple options for what happens next. They can either block the video in question from being viewed, track the video’s viewership stats, or monetize the video by running ads against it. (Note that any revenue generated from a video that has a monetization claim pending will be placed in an escrow account by YouTube, and that money will be released to the rightful owner of the video in question at the conclusion of the resolution process.) Takedowns or strikes, which not only remove the video from the platform but also have a negative effect on the person’s account, can only be issued manually. Third-party content within a video can include lots of things. One example is film content, if you’re doing a movie trailer review. Another is music, say, if there’s a song playing in the background when you’re driving with the radio on. Gameplay footage often gets picked up, too.
As with any kind of technology and the ever-changing landscape of YouTube as a platform, mistakes can happen, and claims can be placed in error. The important thing is that there are systems to ensure a fair outcome between users and claimants. When receiving a claim, users are notified via email notification to the inbox associated with their account, as well as in their video manager within their YouTube dashboard. A claim includes the supposed piece of content that’s said to be infringed on, for example: “This matches Sesame Street, and the claimant is Elmo.” (Just kidding, it’s Sesame Workshop.)
When a user receives a claim that they believe has been made in error, they have the option to file a dispute via the YouTube resolution tool. The claimant (the movie studio, record company, etc.), is able to review and compare the original and third-party content that the system found. When a user disputes a claim, it goes into a queue and the claimant gets to review and have human eyes on it. A real person will review the video in question and read the user’s reasoning for why they used a certain piece of third-party content, or why that claim should be released. Known instances of claims made in error include: the user has an agreement to use third party content and the claimant isn’t aware, or the user was in collaboration with a creative within the claimant’s network. Another possible resolution is fair use, which transforms the nature of a given piece of content and is determined on a case by case basis.
At, Studio71 we make our best attempt to review all claims within 24 hours of receipt. That said, we’re humans. If a user feels that a truly improper amount of time has elapsed since a claim was placed, or they received a block that they strongly believe it was made in error, we encourage individuals to reach out to us by email at digitalrights@studio71us.com. Studio71’s dedicated claims team will then review your message and devise the best possible solution for all parties involved.
