Disclaimer: I am not an attorney. The content of this article is not, and should not be construed or taken as, legal advice. If you believe that you are in need of legal advice, please enlist the services of an attorney who is licensed to practice law in the jurisdiction in which you live and/or do business.
This series is here to teach you what I know of the rules and best practices to keep you from running into copyright problems when uploading videos to YouTube based on my experience working as a contractor within YouTube's Content Manager CMS as well as a content creator on the platform. All of the information here can also be found in the Creator Academy, which is available to all YouTube creators, but has been distilled in such a way as to assist you with interacting with the individuals and companies enforcing and managing their rights through the Content ID system.
Let's say you don't have original or licensed content in your video. There are two options left to dispute the claim on your video.
Let's say you select the options "The content is in the public domain or is not eligible for copyright protection". Your explanation should include evidence the proves how this content is in the public domain. Remember that if you're using music, the composition may be in the public domain, but the recording might be protected still. Also remember that it might be in the public domain in your country, but still under copyright protection somewhere else in the world, so they might reinstate their claim.
Sometimes you could get claimed because you're so good at the piano that your recording sounds the same as a copyrighted sound recording of a Mozart sonata. In that case I recommend taking two actions. First, explain that the composition is in the public domain and the audio is your playing on the piano. Second, go audition for your local symphony because you're awesome.
Now for the dispute that is used most often, and usually incorrectly (simply because most of the time they more accurately fall under the other reasons). "My use of the content meets the legal requirements for fair use or fair dealing under applicable copyright laws."
In this instance it's important to very clearly explain why the use of the content in your video falls under fair use. I can not state enough that you need to be clear and detailed. Your response needs to be specific to your video.
Again, the dispute will be read by a real person who likely has a fairly decent understanding of fair use doctrine, so be as specific to your video as possible.
In the conclusion to this series I'm going to explain what not to do when disputing copyright claims and why.
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