This blog is written by Pranavi Divya, a Second-year law student of Chanakya National Law University

INTRODUCTION

From the first video, ‘Me at the Zoo’ on YouTube by the very first YouTuber and co-founder of YouTube, Jawed Karim[1], it has now flooded with an abundance of videos. With 2.6 billion monthly active users, YouTube has reached its zenith in the present time where 2500 new videos are uploaded to it every minute[2]. Today’s world is now more inclined towards earning passive money through various mediums available online and YouTube is one of those mediums where once you post the video it could monetize once it reaches a certain threshold of subscribers. We even come across and know about many people who they become financially stable and sometimes even become social media celebrities among the general public by posting video content on YouTube. Many of us are motivated by the content creators who with the least effort are making the most money and try to do the same. However, while some make a genuine post with their hard work, others often try to do so with the least effort like reposting someone else’s post as if that’s their creation. This is called the violation of an important right owned by every original creator known as copyright.

YOUTUBE’S COPYRIGHT POLICY

Copyright as defined is an exclusive legal right owned by the creator or producer of any literary, musical, or artistic work to reproduce, publish, sell, or distribute it.[3] YouTube’s copyright policy, states that creators are only authorized to upload videos that they have created and they should not upload any such videos whose copyright is owned by someone else unless they have been authorized by the owner to use the content.[4]

For any content creator on YouTube who ever feels that someone has unauthorisedly used the content that is without permission, YouTube provides a copyright management tool for the same. Copyright management tools provide various ways for the rightsholder to make the copyright claim. These ways include:

a. Webform

This tool is considered to be the simplest and best way for most users as YouTube has kept it open to everyone and available in every language. This tool requires the rightsholder to submit a copyright notification through the DMCA (Digital Millennium Copyright Act) web form which is done manually.[5]

b. Copyright Match Tool

As the name of the tool suggests, it tries to match or identify near-full re-uploads of the creator’s original video on YouTube. This tool provides the creator with certain options to choose from, these include they can request the removal of the video, messaging the uploader of the video, or simply archiving the match if the creator does not wish to take any action. [6]

c. Content ID

It is the most complex tool provided to the creators wherein the creator’s content is protected from copyright by way of a digital fingerprint system. The rightsholders in this tool have to submit the database of audio and visuals to Content ID. Whenever any video is uploaded, this tool automatically scans for any matching video and finds any match then the uploaded video gets a Content ID claim. Further, the claimed video would result in any of the three actions: Block the video from being viewed monetize the video by running an ad against it and sometimes share the revenue with the uploader, or track the video’s viewership. Any of the mentioned actions are taken as per the rightsholder’s Content ID settings[7].

Exceptions of the copyright on YouTube

Going through the copyright policy of YouTube, it may seem that reuploading any creator’s video is impossible. However, this is not true because we have often seen the same video being posted by different creators and this becomes possible because of YouTube’s ‘fair use’ policy. The copyright exception of YouTube allows one to reuse rightsholders’ videos without the need to get permission from the owner of the video.

On YouTube, fair use is like a get-out-of-jail-free card for creators using copyrighted stuff. You can use copyrighted material for things like critiquing, news reporting, teaching, or poking fun (parody). The idea is to let people share their thoughts while respecting the original creator's rights.

To figure out if your use counts as fair, courts look at things like why you're using it, what kind of work it is, how many parts of the video one has taken, and if it affects the original work's market. Just claiming "fair use" won't automatically save you from copyright drama—you might still end up in court. So, creators must be thoughtful about how they use other people's stuff on YouTube. Understanding fair use can help you steer clear of copyright headaches and keep your channel out of trouble.

Along with YouTube’s policy of copyright, it also has to balance itself with the laws of the countries in which it is operating.

Copyright laws in India

India is a member of the Berne Convention, of 1886 which is cardinal to provide national treatment to a person’s original work and is entitled to the copyright on his artistic work in any of the signatory countries of the Berne Convention. Any Indian copyright holder can protect their work anywhere in the world since India has been a member of the Universal Copyright Convention, 1951, the WIPO Convention, 1975, and the Agreement of Trade-related Aspects of Intellectual Property Rights (TRIPS), 1995[8].

India has its Copyright Act 1957 which is based on the Berne Convention. Section 14 of the Copyright Act of 1957 provides several rights to the copyright’s owner, these privileges often relate to the creator's ability to derive financial benefits from their work. They encompass rights such as:

· Deciding when and how the work is made public or reproduced

· Allowing or denying translations of the work

· Permitting adaptations or modifications

· Controlling the rental or lending of the work

Additionally, Section 57 of the legislation addresses the moral entitlements of the creator, which can be classified into three categories:

· Paternity right, acknowledging the creator as the work's originator

· Integrity or purity right, safeguarding the work from any distortions that could harm the creator's reputation

· Retraction right, allowing the creator to withdraw the work in certain circumstances

The act was further amended which provided rights to Broadcasting organizations under section 37 and section 38 gave performers rights. Exceptions to Sections 38 and 39 are outlined in Section 39 of the legislation. The following actions are not considered infringements:

· Private use

· Educational or research purposes

· Fair dealing practices

· Creation of judicial procedures

Even after so much protection of rights at different levels by the government and YouTube itself, there have been several notable cases about YouTube wherein YouTube itself has been a violator of its copyright policies. Like in the case of Tata Sky Ltd. v. YouTube LLC & Ors.[9] The Delhi High Court addressed trademark infringement issues related to unauthorized videos that instructed viewers on how to hack Tata Sky's set-top boxes for free access to high-definition channels. Tata Sky sought an injunction to remove these videos, which included titles like "How to watch HD channels free in TATA SKY Trick." On August 27, 2015, the court granted an interim injunction, requiring YouTube to remove the offending content, emphasizing YouTube's responsibility as an intermediary to act against illegal content once notified. YouTube defended itself by citing its status as an intermediary under the Information Technology Act, arguing it should not be liable for user-generated content. The court's ruling highlighted the need for online platforms to implement better monitoring mechanisms for copyright and trademark violations.

CONCLUSION

Navigating copyright on YouTube can be complex, but by understanding the basics, following best practices, and being proactive in addressing any issues that arise, you can protect your channel and content while respecting the rights of others. Remember, when in doubt, it's always better to err on the side of caution and avoid using copyrighted material without permission or a clear fair use justification.

By prioritizing copyright compliance, you can build a successful and sustainable YouTube channel while contributing positively to the creative ecosystem. Happy creating!

REFERENCES:

[1] Stephanie Weaver, YouTube turns 19: Look back at the first video ever posted

https://livenowfox.com/news/youtube-anniversary-first-video-ever-posted, assessed on 03 September, 2024.

[2] Adam Hayes, https://www.wyzowl.com/youtube-stats/, assessed on September 01, 2024.

[3]https://www.merriamwebster.com/dictionary/copyright#:~:text=%3A%20the%20exclusive%20legal%20right%20to,the%20copyright%20to%20his%20songs, assessed on 01 September, 2024.

[4] YouTube, Copyright, https://www.youtube.com/intl/ALL_in/howyoutubeworks/policies/copyright/#overview, assessed on 02 September, 2024.

[5] ibid

[6] ibid

[7] YouTube Help, How Content ID works, https://support.google.com/youtube/answer/2797370?hl=en, assessed on 02 September, 2024.

[8] Uzma Nasim, Berne Convention And Position Of India At A Glance, https://www.legalserviceindia.com/legal/article-13408-berne-convention-and-position-of-india-at-a-glance.html#:~:text=India%20is%20the%20member%20of,of%20WIPO%20convention%2C%20since%201975, assessed on 03 September, 2024.

[9] Tata Sky Ltd. v. YouTube LLC & Ors., https://indiankanoon.org/doc/166344020/ , assessed on 03 September, 2024.