How do I report copyright infringement on YouTube?
If someone has infringed on your video or music and placed it on YouTube, you can report this violation here. This process will allow you to send what’s referred to as a DMCA takedown notice, which will require YouTube to take down the video that you identify as infringing.
In order to rightfully get a video taken down you need to be able to swear, under the penalty of perjury, the following:
I am the owner, or an agent authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and this notification is accurate.
YouTube does not have a policy of removing a copyright infringing video if reported by someone other than the copyright owner. Even if you simply intend on being a Good Samaritan and reporting infringement as you find it, YouTube does not accept third party notifications. They suggest that you should direct the copyright owner here, so the copyright owner him or herself can file the complaint.
This is because the site doesn't have a legal obligation to do anything about the video when someone else other than the copyright holder complains about a video. This is because the law gives the copyright holder the sole right to enforce his or her copyrights.
Although this seems counterproductive to cleaning up all the infringement that happens on YouTube, if YouTube did take action against videos complained about by third parties, it could lead to more legal complications for YouTube than if it simply allowed infringement to remain on the service until copyright holder finds it.
Besides, having the copyright holder be specifically the only person who can challenge a video’s right to be on YouTube does have its benefits for everyone involved:
1. People who aren't intimately familiar with the rights like the owner might claim infringement where there is none.
2. If the owner of the copyright finds infringement, they might want to just ignore it, so the law allows the owner to make the final decision in regards to who to enforce their rights against and who not to.
3. It cuts down harassment. If anyone could claim infringement, the process could easily be used to harass people with totally bogus and gray-area claims that they have to defend.
If you have questions about a copyright violation of your work or another’s work on YouTube and you want to know how to handle the potentially infringing content, feel free to contact New Media Rights via our contact form to find out whether you qualify for free or reduced fee legal services. We also offer competitive full fee legal services on a selective basis. For more information on the services we provide click here.