Can a no-restriction Content ID turn into a copyright strike?

Uncivilized Elk

Uncivilized Elk

I Love YTtalk
Example: You upload a video you know will be Content ID'd, and the claimant(s) monetize your video on their behalf, but the video is allowed to play in all regions with no restrictions.

Is it possible for that video to, at a later point in time, turn into a copyright strike on the whim of the claimants?
Now, if this does occur, could you contest the strike with YT, since YT had originally said you don't have any negative repercussions for allowing the video to continue existing as is?
Or do you have to still contest the claim with the claimants?
 
good question, i have 2 vids like that myself from way back in 07, before monetisation was a thing. I hope they couldnt come back to bite me and I kept them up for old times sakes, and also cause they are matched 3rd party, I earn nothing from them so it should be worth it for the claimants to keep them up too
 
Yes, technically the claimant can decide to deal you a strike at any time. What YouTube told you is legally irrelevant in this cas as the issue is only between you and the claimant.
 
YT hasn't told me anything, this is why I made this thread. Also, YT is the one that deals the strikes and decides whether to ban accounts or not, so other than seeking legal penalties (which doesn't exactly occur often) and making sure YT removes the content, the claimant doesn't have power to do anything. It's not the claimant that gives strikes, YT is the entity which deals with those. The claimant is the one who alerts YT of content that strike-worthy is all.
 
No - YouTube doesn't deal the strikes. It's the claimant. If you collect three strikes from claimants then YouTube terminates your account. You can use the dispute system but nobody from YouTube gets involved. Disputes are just forwarded to the claimant.
 
Alright, I should specify that it's the YT system that gives strikes then, as the claimants don't have access to the system itself. The system is just automated so no person is involved on the YT end (of course in a lot of claims no person is involved on the claimant's side either - that can be all automatic too).

I guess unless you're a huge channel though it would be close to impossible to discuss a strike with an actual YT representative who has the power to remove it, as they don't have time for that and just usually let the system and time settle them.
 
No YouTube representative gas the legal standing to remove a copyright strike. Claimants can directly deal you a strike by flagging the video manually. The other option is that they entered their content into the CID system and it notifies them about matches. The claimant then decides if strikes are dealt because of these notifications.
 
The copyright holder specifies what happens to videos that the Content-ID system identifies as containing their content. They can have it do nothing and just track the popularity of your video, put ads on it, block it in certain countries, or block it worldwide. All of this is what the copyright holder specified in their Content-ID settings and they can change their mind at any time. YouTube doesn't make any determination whether you infringed the claimant's rights or not. Whether you are legally allowed to have the video or not is completely out of their concern. They just let the claimant decide what to do for videos that match their content. So, if some later date the claimant decides to issue a DMCA takedown, there is no defense you can make that the claimant was allowing it before, and YouTube itself was never deciding to allow or disallow it. The claimant just didn't decide to do take it down earlier, but they don't lose the right to if they decide to later.

Issuing a DMCA takedown is a formal legal request and doesn't have anything to do with the Content-ID system. YouTube is legally required to remove your video when they receive one and they give you a copyright strike when they do because they are also legally required to have a "repeat infringer" policy, such as "3 strikes, you're out" or they'll be liable to be considered an accessory to any copyright lawsuits that happen from videos they host. If you send a counter-notification to the DMCA takedown, the law specifies that YouTube must give the claimant 10-14 business days in order to provide proof of court proceedings before restoring the video. YouTube's legal team is who checks the validity of your counter-notification and restores your video afterward.
 
Last edited:
XXLRay said:
No YouTube representative gas the legal standing to remove a copyright strike. Claimants can directly deal you a strike by flagging the video manually. The other option is that they entered their content into the CID system and it notifies them about matches. The claimant then decides if strikes are dealt because of these notifications.
Click to expand...

What are you on about? no legal standing to remove the non-legally binding arbitrary punishment system YouTube created and maintains?

Here's how it works, for those who actually want to know.

A copyright owner submits a DMCA takedown request to YouTube. YouTube has implemented a system internally that will strike a channel as a result of active DMCA takedown notices because you are putting their business in jeopardy and causing them more work by continuing to exist. YouTube then takes the video offline, provides the channel notification and an avenue of appeal as well as a lovely copyright strike on the channel. And if you cause them too many headaches (3 strikes) then they shut your channel down because it's not worthwhile for them to keep dealing with your nonsense.

It is YouTubes' choice to strike your channel. There is no legal obligation to do so. Their legal obligation is to comply with the DMCA takedown and remove the content at the owners request. YouTube doesn't have to have a strike system like this at all. They could just terminate your channel on the first occurrence if they wanted to.

On the topic of the original post, yes absolutely a contentID match can turn into a strike. Or more correctly, you can get a strike in addition to the ContentID match. ContentID is an automated system that lets content owners choose from a set of options on what to do when someone puts up their material. Whether they choose 3 years down the line to go back through the ContentID matches and submit DMCA takedowns for each one is certainly an option they have open to them.

In the same way, if you ever get written permission from someone to use their content, and they withdraw that permission later on, you are obligated to remove the content. The DMCA takedown structure just doesn't give you time to willingly comply without punishment.
 
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