Frequently asked copyright questions
Use this article to get answers to common questions about copyright issues.
General copyright questionsWhat is the public domain?
Works eventually lose their copyright protection and are said to fall into the “public domain,” making them free for everyone to use. It typically takes many years for works to fall into the public domain. The length of a term of copyright protection varies depending on where and when the work was published, whether the work was commissioned as a work for hire, and other factors. Certain works created by US federal government agencies fall into the public domain immediately upon publication. Keep in mind that the rules for public domain differ in other countries.
It is your responsibility to verify that a work is indeed in the public domain before you upload it to YouTube. There is no official list of works in the public domain. However, there are some useful resources online that might help you. Columbia University Libraries and the Copyright Information Center at Cornell University both offer helpful guides to works that may fall in the public domain. Neither YouTube, nor either university, can guarantee that all the works linked to are free from copyright protection.
You need the copyright owner’s permission to create new works based on their original content. Derivative works may include sequels, translations, spin-offs, adaptations, etc. You’ll probably want to get legal advice from an expert before uploading videos that are based on the characters, storylines, and other elements of copyright-protected material.
Fair use is a legal doctrine that says you can reuse copyright-protected material under certain circumstances without getting permission from the copyright owner.
Courts rely on four factors to analyze fair use on a case-by-case basis, including the purpose and character of the use, the nature of the copyrighted work, the amount and substantiality of the copyrighted work used, and the effect of the use on the the potential market for or value of the copyrighted work. Although you may believe your content is protected under fair use, and you can use that as a reason to file a dispute or counter notification, we cannot guarantee that your content will be protected from removal.
Adding in specific phrases or disclaimers to your video's description ("this is fair use") does not automatically protect any work. Learn about common fair use myths.
Different countries have different rules about when it’s okay to use material without the copyright owner’s permission. For example, in the United States, works of commentary, criticism, research, teaching, or news reporting might be considered fair use. Some other countries have a similar idea called fair dealing that may work differently.
YouTube has highlighted some of the best examples of fair use on YouTube through our Fair Use Protection program. If you're outside of the US, you won't be able to view the videos in this playlist, but you can still learn about the program and see other examples of fair use.
Learn more in our Fair use FAQ.
The European Commission's website has some helpful information and links about copyright in European Union countries.
The World Intellectual Property Organization (WIPO) has a list of international intellectual property and copyright offices where you may find information about copyright laws applicable for your country.
The World Intellectual Property Organization provides a database of copyright laws around the world.
The above sites are referred to for educational purposes only and are not endorsed by YouTube.
Questions for YouTube uploadersHow do I get permission to use someone else's content in my video?
If you plan to include copyright-protected material in your video, you’ll generally need to seek permission to do so first. YouTube cannot grant you these rights and we are unable to assist you in finding and contacting the parties who may be able to grant them to you. This is something you’ll have to research and handle on your own or with the assistance of a lawyer.
For example, YouTube cannot grant you the rights to use content that has already been uploaded to the site. If you wish to use someone else’s YouTube video, you may want to reach out to them via our messaging feature.
However, we do offer features aimed at helping you discover what material you can incorporate into your video:
- An easy way to find background music or sound effects for your YouTube videos is in YouTube’s Audio Library. You can search for music that’s free for you to use.
- The Music Policy Directory also helps you understand the Content ID policies that will be applied by music copyright owners. Depending on the policy, your video may remain live on YouTube with ads, and the revenue will be paid to the owners of the music. Learn more about Music Policies.
In the YouTube Video Editor, you can remix videos that other members of the YouTube community have uploaded under the Creative Commons license.
If you have cleared the rights to use certain copyright-protected material in your video, you may want to alert the original copyright owner of your video's title and URL on YouTube, to avoid a mistaken removal or block.
If your video was removed by a copyright takedown in error, you have options:
If your video was blocked by a Content ID claim that you feel is mistaken, then:
- You can dispute it
Before you issue a dispute on a Content ID claim or send a counter notification in response to a copyright takedown, you may want to ask yourself a few questions:
- Are you the copyright owner of the material in your video?
- Do you have permission to all third-party material in your video from the appropriate copyright owner(s)?
- Is your use of copyrighted material covered by fair use, fair dealing, or a similar exception under the applicable copyright law?
If one of the conditions above applies to your video, you may want to research the most appropriate dispute process or consult an attorney. If not, you may be in violation of copyright laws.
Just because you purchased content doesn't mean that you own the rights to upload it to YouTube. Even if you give the copyright owner credit, posting videos that include content you purchased may still violate copyright law.
Additionally, just because you recorded something yourself does not always mean you own all rights to upload it to YouTube. If what you recorded includes someone else's copyrighted content, such as copyrighted music playing in the background, then you would still need to get permission from the appropriate rights owners.
Questions for copyright ownersCan I request the removal of an entire channel or playlist?
No, you cannot. You are required to identify any allegedly infringing content by its video URL.
Here's how to obtain a video URL:
- Find the video in question on YouTube.
- In the address bar at the top, you'll see the video URL. It should look like this: www.youtube.com/watch?v=xxxxxxxxxxx
You can submit a complaint by signing into your Google or YouTube account and using our copyright complaint webform.
Copyright takedowns are formal, legal requests that require specific elements in order to be complete and actionable.
When we receive an incomplete or otherwise invalid copyright request -- be it a takedown notification or a counter notification -- we respond with information that will help the sender complete their request.
If you received a response like this following your submission of a copyright request, it is important to review it carefully and respond accordingly. In most cases, we won’t be able to take action on your request until you do so.
In accordance with copyright law, we require complete and valid copyright notifications for each removal request.
The easiest way to submit another complaint is to sign into your Google or YouTube account and use our copyright complaint webform.
We have likely received a counter notification regarding your removal request. The video will be reinstated unless you submit evidence that you’ve filed a court action against the user seeking to restrain the allegedly infringing activity. If we don't receive that notice from you within 10 days, we may reinstate the material to YouTube.
If a video includes information allowing people to bypass access restrictions to your software, such as passwords, key generators, or cracks, the appropriate and most efficient way to notify YouTube of these issues is through our Other Legal Issues form.
If you find your YouTube video on another website without your permission, you'll have to follow their process for requesting the removal of the video. YouTube cannot do this for you.
Most sites that permit users to upload videos rely on the Digital Millennium Copyright Act’s (DMCA) Safe Harbor, which means that when they receive a complete and valid copyright takedown notice from a content owner, they should comply and remove the content. There are some exceptions to this, but if you are certain that the copy of your work isn't protected under fair use, you can request the removal of the copy.
Please take a look at the requirements of a DMCA takedown notice to understand what you'll need to include in your copyright takedown notice.
Most sites require a link to a specific video URL. If the video is in your feed or on a page with other videos, you may be able to right-click the video, or click the video's timestamp, to get the video's specific URL.
Sites that rely on the DMCA must have contact information for a designated DMCA agent listed with the Copyright Office and on their website. We've provided a short list of email addresses below where you could send your copyright takedown notice, if you find your video on one of these sites without your permission. If you don't see the site you're looking for below, you should be able to locate appropriate contact information in the Copyright Office's database.
Dailymotion : firstname.lastname@example.org
Facebook : email@example.com
Instagram : firstname.lastname@example.org
Twitter : email@example.com
Vimeo : firstname.lastname@example.org
Disclaimer: We are not your attorneys and the information presented here is not legal advice. We provide it for informational purposes.