YouTube Creator Liaison Rene Ritchie recently sat down with Thomas Kim, or “TK” as Rene says, to discuss the platform’s reused content policy. The policy aims to address both entire channels and individual pieces of content that simply offer repetitious and reused content. YouTube recommends that content be original and authentic.
But first… why should creators care about this? Because it will most likely impact future revenue opportunities, such as qualification for the YouTube Partner Program.
Breaking Down YouTube’s Policy
In short: YouTube’s Reused Content Policy is a set of guidelines that creators must follow in order to avoid having their videos removed from the platform, or having their content ineligible for monetization opportunities. Additionally, the policy prohibits the unauthorized use of copyrighted material, including music, video clips, and images. But, the policy still applies to content even if a creator has obtained proper permissions or licenses.
“[A]ll these ‘montage’ channels that straight up steal popular footage and mash them into a simple “best of the day” video is the weakest show of effort in ‘transformative’ use,” argued Ben Schmanke, who operates the AuthenTech channel, in the comments on the Creator Insider video.
Many of the examples of reused content that YouTube provides focus on compilation videos, such as “best of” videos, short videos taken from other social media platforms, or song collections. Cross-promotional videos are also not favored.
Creators who violate the Reused Content Policy may face a number of consequences, including:
- Having their videos removed from YouTube
- YPP rejection or suspension
- Receiving a copyright strike
- Having their YouTube account terminated
In addition to these consequences, creators who reuse copyrighted material without permission may also face legal liability. Copyright infringement is a serious offense that can result in civil and criminal penalties, and fair use may not be a valid defense or matter in the eyes of YouTube’s human and automated reviewers.
Penalties for Copyright Infringement, but Fair Use!
When a copyrighted work is registered with the U.S. Copyright Office, the Copyright Act provides for a number of civil remedies for copyright infringement, including:
- Injunctions to prevent further infringement
- Damages for the harm caused by the infringement
- Profits from the infringement
- Statutory damages of up to $30,000 per work infringed
- Attorney’s fees (yeah, lawyers gotta get paid!)
In some cases, copyright infringement can also be a criminal offense. The Copyright Act provides for criminal penalties of up to five years in prison for willful copyright infringement.
Does it ever get this serious? Usually not, but it’s still worth taking copyright law seriously.
But… fair use does play an important role here, as we’ve seen historically with reaction-style videos. Back in 2017, I covered one of the first lawsuits testing the application of the fair use defense when H3H3 Productions reused a video posted by Matt Hoss for a reaction video. Earlier this year, we had another case where reaction videos were found to be a fair use.
How to Avoid Violating YouTube’s Reused Content Policy
Creators can avoid violating YouTube’s Reused Content Policy by following these tips:
- Use only original content that you have created yourself.
- If you want to use copyrighted material, get permission from the copyright holder before using it.
- Be careful when using third-party content, such as music, video clips, and images.
- If you are not sure whether or not you need permission to use a particular piece of content, err on the side of caution and get permission.
By following these tips, creators can avoid violating YouTube’s Reused Content Policy and the risk of legal liability.
A couple of days ago, Rob from Team YouTube posted an updated Q&A about reuse content and YPP. It’s worth taking a look if your work as a creator involves reuse of others’ content.
