Have you ever found yourself asking yourself whether your song that you used in your video might get you in trouble with the law?
My experience with my first copyright strike was a sinking feeling. I read the email and my hands were trembling. Three years of developing my channel and I felt like all was under threat.
What Exactly Is a Copyright Violation?
Copyright infringement occurs when you utilize the inventive work of another person without their consent. It contains music, videos, photos, text or any other original material someone made.
Imagine taking the car of your neighbor without seeking permission. You can do no harm, but it is wrong.
The copyright safeguards the creators in order to earn on their work. When you do so without their consent, you are robbing them of their opportunity to make a profit.
Three Common Examples That Could Get You in Trouble
1. Using Popular Music in Videos Sarah came to know this the hard way. She went ahead to put one of Taylor Swift’s songs in her wedding video and shared it on the Internet. She received a takedown notice within hours. The 30 seconds appeared to be innocent, yet it was not.
2. Sharing Movie Clips Tom believed that by sharing a funny movie scene his social media activity would be increased. He was correct on the engagement – incorrect on the legal consequences. The lawyers of the studio were not in on the humor of it.
3. Using Stock Photos Without Paying Rachel used a professional picture taken by Google. She did not know that the rights were still in the possession of the photographer. Copyright notice was received in two weeks.
Five Types of Protected Content You Should Know
1. Music and Sound Recordings Every song, beat, and audio clip has an owner. Even humming a tune in the background can trigger claims.
2. Visual Content Photos, paintings, graphics, and artwork fall under protection. That includes memes with copyrighted images.
3. Written Material Books, articles, blog posts, and even social media captions can be protected. Copying and pasting isn’t always safe.
4. Video Content Movies, TV shows, YouTube videos, and live streams belong to their creators. Screen recording doesn’t make it yours.
5. Software and Apps Code, programs, and digital tools have owners too. Using cracked software counts as a violation.
The Maximum Fine Reality Check
The following is the fact that keeps me awake at times: The maximum fines are up to $150,000 per work violation.
But wait – there’s more bad news. The court may convict you of criminal charges in case you are found guilty of infringing copyright intentionally. That could mean jail time.
The majority of cases do not go so far. Nevertheless, will you wager your savings in most cases?
How Much Video Can You Actually Use?
This question haunts every content creator. I wish there was a magic number, but there isn’t.
The Myth of “10 Seconds is Safe” This is a myth that people propagate all over the Internet. It’s completely false. The amount written on law is not safe.
What Really Matters:
- The purpose of your use
- How much of the original work you used
- Whether you’re making money from it
- If you’re hurting the original creator’s profits
Even by using one second, the copyright may be infringed upon in case it bears the most significant portion of the work.
Fair Use: Your Potential Lifeline
In certain cases, fair use may be able to save you. This is usually the case with education, criticism and parody.
And now my candid opinion: Fair use is not going to help you. It is not a right to do what you like, it is a legal defense.
The decision of fair use depends on the case. Lawyers cost money. The stress isn’t worth it.
The Bottom Line
It is not only a big company v. small creator copyright infringement. Real individuals with real bills have to rely on their creative labor to make money. Notice of Termination: Complete Guide to Employment Ending
By honoring copyright, you save the creators and save yourself. The internet facilitates easy duplication. It does not make it legal and right. The next time you feel like pounding that song or picture that is so good, stop. Question: Is it worth the risk? In the future you will be grateful that you made the safe decision today.
Connect with me on LinkedIn for legal drafting and other legal matters!
NOTICE OF COPYRIGHT VIOLATION – Template
TO: [Recipient Name/Platform]
FROM: [Your Name/Organization]
DATE: [Current Date]
RE: Notice of Copyright Infringement Under DMCA Section 512(c)
IDENTIFICATION OF COPYRIGHTED WORK
I am the copyright owner (or authorized agent) of the following work(s):
Title: [Name of copyrighted work]
Copyright Owner: [Your name or company]
Registration Number: [If applicable]
Date of Creation: [When work was created]
IDENTIFICATION OF INFRINGING MATERIAL
The following material on your platform infringes my copyright:
Location of Infringing Content:
● URL: [Specific web address]
● Platform: [Website/social media platform]
● User Account: [Username if applicable]
● Description: [Brief description of how your work appears]
Date Content Was Posted: [If known]
STATEMENT OF GOOD FAITH BELIEF
I have a good faith belief that the use of the copyrighted material described above is not authorized by the copyright owner, its agent, or the law.
STATEMENT OF ACCURACY
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner.
CONTACT INFORMATION
Name: [Your full legal name]
Address: [Your complete mailing address]
Phone: [Your phone number]
Email: [Your email address]
Electronic Signature: [Your typed name serves as electronic signature]
REQUESTED ACTION
I request that you:
- Remove the infringing material immediately
- Notify the user who posted the content
- Prevent future uploads of this copyrighted material
- Confirm removal in writing within 10 business days
LEGAL WARNING
This notice is sent pursuant to the Digital Millennium Copyright Act (DMCA). Failure to respond may result in legal action seeking monetary damages, injunctive relief, and attorney fees.
Signature: ____________
Date: ____________
