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Youtube Copyright Disclaimer

Youtube Copyright Disclaimer
By babita
Published on July 9, 2022

This article seeks to enlighten the readers on the legalities associated with blogs, videos, websites, music or just social media messaging. The same has assumed prominence due to:

  • Messaging that fails to mention the source (self or some other agencies)

  • Creation that has infringed on other people's work yet displays it as self-created.

In a world dominated by social media, written communications, YouTube videos and images have multiplier effects on relevant platforms. However, its authenticity, legitimacy, and credibility are always in doubt.

There are two types of Copyright Disclaimer:

  • Copyright Disclaimer Under Section 107 of the Copyright Act: This disclaimer is when one uses someone else’s copyrighted contents.  In such cases, the term “fair use” provides protection against Copyright infringement claims.

  • Original work Copyright Disclaimer: This disclaimer can help establish one’s ownership over their work. This statement will be beneficial against any theft of your intellectual property.

This article gives an overview on YouTube Copyright Disclaimer. 

What is Copyright?

Copyright is a legal term that assigns rights of ownership and control for the use and distribution of intellectual property.

It can be books, videos, motion pictures, musical compositions, or computer programmes. The law has been enacted to balance the right of the authors/creators to monetise their work by offering the copyrights to an agency of their choice.

However, the exclusivity of the control has time restrictions attached and post that period; it is reverted to the public domain for free use.

What is a Disclaimer?

A Disclaimer is a statement intended to specify, define the limits, cap or bring in curbs to the scope of rights and obligations allowed to be exercised by parties in a legalised bonding.

Disclaimer usually implies conditions limiting an individual's liability, thereby preventing extended responsibility.

For example, if a disclaimer specifies that the character portrayed in the film is not based on real people, even if there is a semblance of truth, it may not provide you with a legal victory.  

Copyright Disclaimer Under Section 107

The above is an explanation pertaining to using someone’s copyrighted content. In addition, a copyright disclaimer must be added to videos, articles, blogs and other artistic creations mentioning fair use of the borrowed content to protect against copyright infringement claims.

Fair use can be permitted only on criticism, comments, news reporting, teaching, scholarship education, research and so on.

A Copyright Disclaimer may not be convincing enough at all times. Hence the safest technique to use someone else’s creation would be to seek permission from the creator.

YouTube Copyright Disclaimer

YouTube Copyright Disclaimer can be listed on a video in two ways:

  • First, add a line in the video which says the audio done in this video is copyright material and put the company’s name alongside.

  • A more innovative method would be to include a line in the audio before uploading it on Youtube. It could be then presented online for consumption. The audio line can be used as a source.

A specific copyright condition that says that the audio file is made by ….along with the company name will be more effective if the same appears at routine intervals while the video is in play.

It would be a great measure to protect any infringement as no one in his right senses will dare to download the video and use it further.

More than blogs and websites, videos are more prone to being infringed. Hence, a disclaimer is essential in a video, blogs, and the web.  

Features of YouTube Copyright Disclaimer

  • The content safeguarded under the YouTube Copyright Disclaimer, is protected by the Copyright Act. This includes the downloadable online files.

  • The Copyright Agency allows its members and licensees to interconnect, copy and communicate content for which it possesses the right of usage.

  • The Copyright Agency accomplishes content protected under the Copyright Disclaimer. The files or content whose Copyright is managed by others have imageries shown under-represented as downloadables, licenses and certificates.

  • You will be able to transmit or copy any content allowed by the Copyright Law of India related to your creation; the rest will be shielded under the Copyright Disclaimer.  

Requirements of YouTube Copyright Disclaimer

  • Originality: To meet the level of creativity, to get considered as a work of art, to be analysed as the work of an author, the product needs to be perceived as the original.

    Examples of someone else’s work, facts, short phrases, titles, and shoddy creations cannot be copyrighted.

    For instance, the titles and addresses in a directory cannot be copyrighted, but an attractive front cover may be considered for the privilege.

  • FixationCreativity needs to be caged to attain its copyrights. It must be recorded in audio or noted on paper. A live presentation of the same may not be protected.

  • Expression: An expression must be written on paper or recorded to be copyrighted. An expression not put on paper remains an idea that cannot be copyrighted.

Functions of a YouTube Copyright Disclaimer

  • Controlling Liabilities: If the YouTube operator is a professionally qualified person like a lawyer, doctor, researcher, or scientist, they may choose to combine a disclaimer, declaring that watching the video does not constitute obtaining professional advice.

    The disclaimer maybe just a general waiver of warranties of liability for people who are not professionally qualified.


  • Providing Information: A disclaimer may be added to emphasise the need for more intense communication than merely watching the YouTube video or commenting.

    The disclaimer may be further added to describe the limitations of a video remark and control of content on the YouTube channel.


  • Legal Compliance: Federal Trade Commission (FTC) needs advertisers to provide associate links in the youtube videos.

    If the online products were to generate income, they should be accompanied by a disclaimer. They should appear everywhere wherever this information is presented, including in the video.

The Process to Create A YouTube Copyright Disclaimer Statement

  • Create an Appropriate SymbolVisual models need to incorporate the copyright symbol, i.e. the C in a circle and the P in a circle symbol.

    You can use the word Copyright” or just the abstract Corp” to make it noticeable that your work is protected by copyright.

  • Identify the year of Publication: As per the copyright law, the publishing date refers to the date of copy distribution or phone records of your work. Identifying the year depends on when you have issued your work for sale or leased it.

  • Decide your Work to be Protected by Copyright: The copyright ownership symbol must be noticeable on all publicly distributed and visually perceptible copies.

    They are books, sheet music, photographs, films and many others. A visual copy does not cover audible sounding equipment like a CD, a vinyl record, or an MP3 recording.
  • Place the Copyright Notice in your WorkThe copyright symbol should be placed in a noticeable area. Refrain from being covered away or from being directly viewed.

    On a website, the copyright symbol appears on the footing, at the base of musical notes, and in a video title. The symbol can be used along with the credits or in a video title.
  • Declare your Name or the Names of the Copyright Holder: The copyright holder’s name has to be given.

    If you are the holder of the copyright, you can submit your name or a name that you are legally authorised to use. If you desire your company to secure the copyright, ensure your business is duly certified.
  • Include the Right Statement: This is to display the rights maintained by you to the public at large. For example, you can write “All Rights Reserved” if you would not like anyone to emulate your concept.

    “Some Rights Reserved for a standard licence or: No Rights Owned if you intend to pass on the controls.

Registering a Copyright

A four-step process to register a copyright is explained elaborately below:

  • First, assign the job to an agency with your work details that need copyright. Then, the agency will send you the letter of authorisation with all the necessary information, and you have to endorse the same.

  • After receiving the letter of authorisation duly endorsed, a copyright application will be made and electronically sent to the Registrar.

  • A dairy number will be issued to you post the application submission. This can be used to track the application.

    There would be a waiting period of 30 days within which the copyright examiner will scrutinise the application for discrepancies and/or objections.

    In case they come across one, a notice will be issued, and you need to respond to the same via your agent within 30 days from the date of issuance of the notice.

  • The extracts from the Register of Copyrights (ROC)/registration certificate will be issued to you electronically by the Registrar's Office.

Copyright your Video

The video created by you is legally yours from the moment of its creation. It is optional to have copyright done, but not a legal requirement for the ownership is embedded in the contents.

If you yet choose to make a copyright of the video, the process is outlined below:

  • First, go to the copyright website and click “Log to eCO.

  • Then, sign up by choosing a username and password.

  • Fill out an electronic form registering your video

  • Upload a copy of the video file and attach the same to the form.

  • The charges accrued will have to be paid finally.

Best practices for YouTube Copyright

1. Get Permission to Use Copyright Material

Permission must be sought from each copyright holder if you intend to use images, videos or artwork that is copyrighted and held by them.

For example, each of the above features in the video has to have a permission to display if the owner asks for the same.


2. Use Royalty-free footage, images and licensed music

Use video footage, images, or content from websites that grant you licenses for free usage, like Promo.com. Wikipedia Commons offer you a licence for usage free of cost for images and artwork.


3. Use original content

It is mandatory to use only the original content, except for non-promotional videos wherein permission is automatically granted for fair use like news reporting, teaching, scholarship, education, research and other non-promotional activities; it is mandatory to use only the original content. 

Use "Promo.com" to Avoid YouTube Copyright Strikes

A lot of effort, excessive mobility, and thought goes into making a video and a greater degree of effort and money to maintain your Youtube channel in good shape and with extensive viewership.

However, some great online resources help to protect you from copyright claims and strikes and could even assist you in the content creation process.

Use Promo.com Pre-licensed Music: Promo.com offers over 1.5K royalty-free music tracks for using it in their videos.

You might need good music to go with your footage, and if you are offered the option to choose from the Promo library using filters for music that includes genre, mood, tempo and instrument, it would be awesome indeed!!

Access 110M+ Photos and Videos: Promo.com offers resources for Youtube channel creators. You can use photos and videos from Getty Images and iStock.

The easy-to-use editor allows you to create a youtube video by merging several videos from the library. Mix them with your copyrighted footage, and you may add a few pictures.

Conclusion

You should not be victimised by a book, video or art created by you due to copyright infringement. The effort and creativity that goes into the work need appreciation rather than penalisation. 

You must get the copyright registration done to protect yourself from copyright infringement lawsuits. It would save you from future deterrents that might haunt you as you launch your video or book.

Frequently Asked Questions: FAQs

Q1. How do you write a YouTube copyright disclaimer?

First, add a line in the video which says the audio done in this video is copyright material and put the company’s name alongside.

A more innovative method would be to include a line in the audio before uploading it on Youtube. A specific copyright condition that says that the audio file is made by ….along with the company name will be more effective if the same appears at routine intervals while the video is in play.

It would be a great measure to protect any infringement as no one in his right senses will dare to download the video and use it further.



Q2. Should I put a copyright disclaimer on YouTube?

Yes, it is a necessity. The additions that come along with the video can be contested by someone who owns the copyright of the additions made. If the video is non-promotional, it may get along as fair use inclusion.

babita

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About the Author

Babita takes care of Informational Content Writing Expert at ankuraggarwal.in. She has started her career as a video-editor with a reputed news magazine Punjab Kesari in the year 2018.

Though after joining the ankuraggarwal.in, she is living up her passion by getting herself acquainted with latest fashion trend. She is a fashionista who loves shopping. Her favorite past time is reading fashion blogs and binge watch Netflix.

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