00:00If there is a copyright claim against you on YouTube, you will probably know about it as soon as you upload.
00:11If you miss it during the upload process, you can find it under Content and Restrictions in YouTube Studio.
00:19That's assuming YouTube software has detected your use of copyrighted content.
00:24If it slips under the radar and is later reported by another user, that's another scenario which I won't cover in this video.
00:34So, here I was told there was a claim and I clicked to see the details and disputed it.
00:42So, your channel is not affected and this is not a copyright strike.
00:47The video is still public but you can't make money from it for now.
00:51The next window in the dispute process tells you three reasons that are not valid to dispute a claim.
00:58If you hover your mouse over any one of them, you get a further clarification of why this is so
01:04and if you then click Learn More, you can find out more still.
01:08So, basically only a copy of the song or video or not making money from it or giving credit to the copyright owner are not considered valid reasons.
01:19And the only way you can go any further is if you agree with that and still have some other reason to dispute the claim.
01:28So, here I've chosen fair use.
01:32There are a variety of possible reasons you may feel covered by fair use and YouTube provides some to choose from.
01:40YouTube also points out some of the things courts generally consider in such cases.
01:47Such as how much of the original material has been transformed and they give you some examples and warn that this varies from jurisdiction to jurisdiction.
01:57Next, you enter your justification for believing you are covered by the principle of fair use.
02:03And here is mine.
02:05The music used in this video is not the original soundtrack but an amateur guitarist rendition of it.
02:15Furthermore, that rendition is only used as a backing to my voiceover and thus cannot be confused with the original effected in terms of performance, sales or in any other way.
02:28Don't forget that in 9 cases out of 10, that's the only thing the publisher is really bothered about.
02:33You taking away their sales with your free version of the same thing that they are selling.
02:39If you are not doing anything that affects their sales, but for example simply reviewing their song or film, they may even welcome the added publicity.
02:49You have to agree to these three points and then sign.
02:53For your signature, you just enter your full name.
02:56And that's it.
02:58The dispute is then relayed to the claimant who has 30 days to respond.
03:03If they don't, the case is closed in your favour.
03:06So, why did I give this video the title, Copyrights and Wrongs?
03:12What's wrong with this copyright claim process?
03:15Just a couple of tiny little things, but I feel they are critical.
03:20Throughout the process you've just seen, the copyright claimant is referred to as just that, the copyright claimant.
03:27But, interestingly, the claimant is called the copyright owner right at the beginning of the process.
03:34To me, the purpose of this is obvious, to strike fear and awe in the heart of the video creator.
03:41Most people would think, oh my god, the copyright owner.
03:45I'm in violation of copyright.
03:47I didn't realise.
03:49And then they would quickly agree to one of the three options to remove the music.
03:55If I had done that, I would have ruined the video.
03:59Instead, I disputed it.
04:01And, as you can see here, I was successful in my dispute.
04:05And, a quick look in my email mailbox reveals that I usually am successful in such disputes.
04:14In fact, I have had about 40 disputes so far and been successful in every one of them.
04:20So, if you get a copyright claim on something you've used in a video, it may sometimes be worth your while to consider whether it's worth disputing.
04:29The whole process only takes a matter of minutes.
04:33OK, that brings us to the end of this video, which is part one.
04:37I used fair use here as my rationale.
04:40In part two, hopefully next week, I'll take a look at using public domain as the rationale.
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