Millions of new videos are uploaded on YouTube every day. These videos value many years which are going to pass through their content ID system to be examined for copyright violations and inappropriate content. So with that much potential hazard, with such overflow, any one can think it would be quiet simple to pass through their barriers and keep videos live which are forbidden. But, YouTube is excellent and efficient in marking illegal contents and also for deleting them.
Grounds for Video Removal
There are three basic reasons for a video to be removed. The DMCA takedown and the Content ID match are obvious. The last one is a contravention of either the YouTube Terms of Service or their Community Guidelines. Dealing with video to be removed there are particular target, a specific penalty and a definite way of dealing with deletion.
If anyone wants to find out why his/her video was removed, just go to the video manager. The video manager will let you know on what basis your video was removed from the list.
Removal Due to DMCA
DMCA stands for the Digital Millennium Copyright Act of 1998. This is the biggest pillar on the web that is a copyright law, and it is assumed as the basic law behind many copyright flags. Fundamentally, the act describes that YouTube is not liable or responsible for any copyright policing of the material on their site. They cannot be sued by, say, the EMI for a video a user uploads using EMI’s music. In way to sustain that defense, though, YouTube needs to act in accordance with the DMCA rules. If EMI report a takedown notice, YouTube has to eliminate the offending material.
In the internal YouTube systems, a DMCA removal is also recognized as a copyright violation. In case any of your videos is terminated because of DMCA violation, your account will receive a copyright strike. Copyright strikes flag your account and will limit your access from some YouTube features. If you have three strikes then your account will be terminated completely. In that case, you can have an appeal through counter notification system and you can contact with EMI or whoever filed the notice, to inquire for the strike. Or else, a strike will automatically expire after six months, assuming that you have completed YouTube’s copyright school.
Avoiding a DCMA Takedown
There are two ways by which you can avoid your video to be takedown by DMCA. First is to follow all the rules of the copyright act and other one are to use loopholes to avoid your video to be detected.
Right idea is to complying with the rules. Sometime you have to compromise with the act for your videos to be uploaded and to use certain content. Just do not use copyrighted material. If possible, make your own content. But still if you want to exploit copyrighted music, then have a license to use that music.
The second option is the “black hat” method, where you try to avoid detection. If you have copyrighted content, you can deform it in some way or you can make your content murky so that it become difficult to detect by the automatic scanners, this can help to keep your video much longer. But still the danger of removal is always there, no matter how many or how few views your video has.
In case your video gets removed, you first file a claim and praying that your video contains a valid stuff or if not, you’ll simply have to deal with the strike and the banned video. If you’re your video removed second time, which will be a second strike.
Content ID Removal
Every video has to undergo from automatic scans system as they uploaded. Specially, they are always searching for music or video content claimed by a company as copyrighted. For example, Warner Brothers uploads a video containing their game and movie content to YouTube’s Content ID system when that media is released. Then if you post a video including some material of that, then it would match YouTube’s records and your video would be flagged.
There are very few possibilities where a Content ID matches. The studio who is claiming copyright can take actions. They can choose to have your video to be removed, or they can examine your video content that what wrong you have done with their material.
Unfortunately it is has some flaws in it. Sometime it flags videos which are completely different from what it is claimed. As it is completely automated, it is quite difficult or sometime impossible to appeal a flag.
To avoid your video to be flagged, try to create your own original audio or video, or if it is not possible, then try to use free use content or license official content. Do not post anything that is completely unedited, as this is likely to be against the Piracy Act. Take care of the producer of the content you use, as some are very possessive with their stuff.
Disputing a Content ID match allows the copyright holder three options; they can ignore the claim if they want, secondly they also can press the issue and may challenge to sue you, or they can simply send a DMCA notice and block your video. Most of the time the third one is take by many as the legal battles are very rare and are difficult to prove or defend.
Guidelines and Terms of Service for Removal
You have to follow two requirements to use YouTube platform. One is the general Terms of Service outline shows what is acceptable and what isn’t acceptable to use for the site. This outlines are compliance with the DMCA, and you must follow the regulations to use the social networking aspects of the site, in the case of failure to follow these rules penalties are there and more. The second guidelines are outlined by the community to show the type of content you can use. Essentially:
- You cannot post nudity or sexually explicit content, regardless of copyright.
- You cannot post material that contains illegal actions, including animal abuse, drug abuse, underage drinking, bomb creation and more.
- You cannot post graphic and gratuitous violence. But virtual violence, such as in a movie or video game, does not count. You cannot post shock or gore, such as a gruesome accidence scene.
- You must respect copyright.
- You cannot post hate speech or assault content.
- You should avoid anything that may be considered spam.
YouTube always tend to comply with the spirit of the law; and if anyone tries to post illegal videos through a loophole,they will just award him a penalty and the loophole will be closed.