Below are some common misconceptions about copyright and how it works on YouTube.
Copyright is commonly confused with:
- Trademark: Legally protects words, symbols, or combinations that identify the source of a product and distinguish it from other products. Learn more about trademark.
- Patents: Legally protects inventions.
- Privacy: Just because you appear in a video, image, or audio recording doesn’t mean you own the copyright to it. If someone else uploads a video, image, or audio recording of you without your permission and you feel it violates your privacy or safety, you can look into filing a privacy complaint.
Keep in mind that doing any of the following does not protect your content from copyright removal requests or Content ID claims:
Myth: Giving credit to the copyright owner means you can use their content
In most cases, this is not true. Giving credit to the copyright owner doesn’t automatically give you the rights to use their copyrighted content. You need to make sure you have all the necessary rights to all copyrighted elements in your content before uploading it to YouTube.
Keep in mind that it’s possible to safely use someone else’s work under the Creative Commons Attribution license (CC BY) if you give them credit (attribution).
Myth: Claiming “non-profit” or “for educational purposes only” means you can use someone else’s content
This is not true. Not trying to make money from copyrighted content doesn’t prevent copyright issues. Similarly, saying your content is for “entertainment” or “educational” purposes doesn’t mean you can use copyrighted content either.
Keep in mind that, there are copyright exceptions, such as fair use or fair dealing. In these cases, courts do consider the purpose of your use in evaluating whether it qualifies as a copyright exception. For example, in fair use cases, “non-profit” use is 1 factor they consider, but it doesn’t automatically qualify the content as fair use.
Myth: Claiming “no copyright infringement was intended” means you can use someone else’s content
Phrases and disclaimers such as “all rights go to the author,” “I do not own”, or “no infringement intended” don’t mean you have the rights to use the content.
Myth: Other creators do it, so you can, too
Even if there’s content on YouTube that appears similar to what you’ve uploaded, that doesn’t necessarily mean you also have the rights to use the content.
Sometimes, a copyright owner authorizes some, but not all, their content to be on YouTube. Other times, similar content can be owned by different copyright owners and one may grant permission while another doesn't. It’s also possible that other creators have licensed the content to safely use it on YouTube.
Myth: You can use content you purchased like songs from iTunes or clips from DVDs
Just because you purchased content doesn't mean you own the rights to upload or distribute it on YouTube. Even if you give the copyright owner credit, posting content that includes content you purchased may still violate copyright law.
Keep in mind that some copyright owners allow you to purchase a license to use their content. Licenses define how the content can and cannot be used.
Myth: Content you recorded from TV, movie theater, or radio is okay to use
Just because you recorded something doesn't mean you own all the rights to upload it to YouTube. If what you recorded includes someone else's copyrighted content, such as someone else’s music playing in the background, then you'd need to get permission from the copyright owner before uploading it to YouTube.
Myth: It's fine to use just a few seconds of copyrighted content
Any amount of copyright-protected content used without permission from the copyright owner, even if it’s just a few seconds, may result in copyright issues.
Keep in mind that, if you believe your use qualifies as a copyright exception, such as fair use, fair dealing, or public domain, only a court of law can make that determination.
Myth: Changing copyrighted content to create something new is always allowed
Using someone else’s content to create something new, like a parody, cover song, or translation, usually still requires the copyright owner’s permission. Some YouTube features, like creating Shorts using remixed content, come with a corresponding license for creating this content.
If you believe your use of the content qualifies as a copyright exception, such as fair use, fair dealing, or public domain, keep in mind that only courts can make that determination.