To upload videos on YouTube that include copyright-protected material, you generally need to obtain permission from the copyright holder first.
It's a common question for creators: how can I share content that features music, video clips, images, or other works created by someone else? The fundamental principle guiding the use of copyrighted material is the need for proper authorization. Simply uploading copyrighted content without permission can lead to copyright infringement claims, which may result in your video being removed, your channel receiving a strike, or other penalties.
Legal Requirements Before Uploading
Before you incorporate any material that you did not create yourself, you must consider its copyright status. According to YouTube's guidelines:
- If you plan to include copyright-protected material in your video, you'll generally need to seek permission to do so first.
This means that the responsibility falls on you, the uploader, to ensure you have the legal right to use any third-party content in your videos.
Obtaining Permission
Getting permission, often referred to as licensing, involves contacting the copyright owner and negotiating the terms under which you can use their work. This process is entirely external to YouTube.
- YouTube can't grant you these rights and we can't help you find the parties who can grant them to you.
- You'll have to research and handle this process on your own or with a lawyer's help.
This highlights that YouTube does not act as an intermediary for copyright permissions. You are solely responsible for identifying the copyright holders (which could be individuals, companies, publishers, record labels, etc.), contacting them, and securing the necessary licenses or permissions before uploading your video.
Key Steps to Consider
While YouTube doesn't assist directly, here's what the process generally entails, based on the requirement to handle it yourself:
- Identify the Copyright Holder: Determine who owns the rights to the specific piece of content you want to use.
- Research Contact Information: Find out how to contact the copyright holder or their representatives (like a licensing department).
- Request Permission/License: Clearly state what content you want to use, how you plan to use it (e.g., in a YouTube video), and the duration or context of use.
- Negotiate Terms: If permission is granted, discuss the terms, including any fees, attribution requirements, or restrictions on use.
- Get it in Writing: Ensure you receive the permission or license agreement in writing. This is crucial proof you have the rights.
Handling this process can be complex, especially for multiple pieces of content or works with unclear ownership. Consulting with a lawyer specializing in copyright law can be invaluable to navigate the process correctly and ensure you are legally protected.
Summary: Uploading Legally
In summary, to legally upload a video containing copyright content on YouTube:
- Do not assume you can use copyrighted material without permission.
- You must obtain explicit permission or a license from the copyright holder.
- YouTube does not provide this permission or help you find rights holders.
- The responsibility for securing rights lies entirely with you.
- Research and handle the permission process independently or with legal assistance.
Failing to secure the necessary rights before uploading copyrighted material can lead to significant legal and platform-specific consequences.
