Infringement of Youtube Content

Infringement of YouTube content generally refers to the unauthorized use of copyrighted material from YouTube, such as videos, audio, or other creative works, without proper permission or compliance with copyright laws. Below are some key points to understand:

1. Types of Infringement

Copyright Infringement: Using someone else’s content without their permission, such as re-uploading their videos or using their music in your own content without a license.
Trademark Infringement: Misusing a trademarked name, logo, or brand in a way that causes confusion or implies endorsement.

2. Common Examples

Reposting a YouTube video without permission.
Using copyrighted music in a video without obtaining a license.
Editing and re-uploading someone else’s video as your own.
Streaming movies, TV shows, or other protected content without authorization.

3. Legal Consequences

Takedown Notices: Copyright owners can issue a takedown notice to remove infringing content.
Channel Strikes: YouTube may issue strikes against your channel; three strikes can lead to termination.
Monetary Damages: You could be liable for damages if the copyright owner sues.
Account Suspension: Repeated violations can result in account suspension or permanent ban.

4. How to Avoid Infringement

Use Original Content: Create and upload your own videos and audio.
Obtain Licenses: Use licensed music, images, or clips.
Follow Fair Use Guidelines: Ensure your use of copyrighted material falls under fair use, such as commentary, criticism, or parody.
Credit the Creator: While not always sufficient legally, crediting the original creator can sometimes mitigate issues.

5. Dealing with Infringement

If You’re the Victim: File a copyright claim in the platform, within 21days approach court for injunction.
If Accused: Respond with a counter-notice if you believe the use is fair or authorized.

Source – YOUTUBE, WIPO, IPINDIA, CALCUTTA HIGH COURT, Swarupa Ghosh (Advocate)