Why Music on YouTube Gets Copyrighted: Understanding the Legal Implications
Music on YouTube is often associated with copyright issues, which can be confusing for both creators and users. This article aims to clarify the reasons behind why music on YouTube gets copyrighted and how it impacts content creators and the platform itself. By understanding the legal framework surrounding copyright law, we can better navigate these issues and ensure compliance.
Understanding Copyright Law
A songwriter, composer, or musician is automatically granted the copyright to the music they create according to their country#39;s copyright laws and international treaties. This means that the moment a piece of music is fixed in a tangible medium, such as a recording, it is protected by copyright. The music uploaded to YouTube, therefore, is copyrighted the instant it is uploaded.
How YouTube Handles Copyright Claims
YouTube does not put copyright on music, as it is already protected under copyright laws. However, it facilitates copyright owners to make claims against users whose videos allegedly infringe on their copyright. This is done to comply with legal requirements and protect the platform from copyright infringement liability.
Under the Digital Millennium Copyright Act (DMCA), an Internet Service Provider (ISP) must take action against material for which it receives a Notice of Infringement. This is known as the “safe harbor” provision, which requires ISPs like YouTube to remove content that has been flagged as potentially infringing. Failure to comply can result in the ISP being held liable for the infringement, which is exactly what YouTube aims to avoid.
Reasons for Copyright Strikes
When a video on YouTube receives a copyright strike, it is often because the user is suspected of using someone else's copyrighted music without permission. This is illegal in almost every country, and YouTube is legally required to take measures to prevent such activities.
(Important Disclaimer: The information provided here is for general information purposes only. It is not intended as legal advice, and no legal relationship is created through its use. Consult your attorney for legal advice.)
The Legal Framework Around Music on YouTube
The major record companies, such as Warner, Sony, and Universal, have the exclusive rights to the music they own, and they are happy to enforce their rights on YouTube. When a content creator uploads a video that includes a song with one of their copyrights and the video gets popular, the record company monitors the views and comments. If they see enough evidence that the video is using their copyrighted material without permission, they can send a DMCA takedown notice to YouTube.
YouTube, in compliance with the DMCA, then identifies the copyrighted material in the video and notifies the uploader. After a few warnings, if the issue persists, the video can get taken down to avoid legal action against YouTube. In most cases, the best course of action for the uploader is to rewrite the video or remove the copyrighted material altogether.
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Conclusion
Music on YouTube is often copyrighted because it is protected by copyright law the moment it is created. YouTube, as a platform, is required to comply with legal requirements to protect both the creators of the music and the content creators. While copyright strikes can be frustrating for content creators, they are a necessary part of the process to maintain the integrity of the music industry and to protect the rights of those who create the music.
(Keywords: YouTube copyrighted music, Digital Millennium Copyright Act, copyright strikes)