Copyright content in YouTube videos has become a contentious issue over recent years, with a delicate truce between rights holders, YouTube, and content creators that seems to work reasonably well. Currently, when you upload a video containing copyrighted material, YouTube has two main options. It will either automatically monetize the video with ads, directing the proceeds to the copyright holder, or it will remove the video entirely.
The first option allows the uploader to showcase their video without censorship while the copyright holder makes some revenue, which appears to be a win-win situation. However, the second option means the uploader loses their video, and the rights holder doesn’t earn anything further. While this might seem counterproductive, it still happens occasionally, especially with certain artists and labels taking a very firm stance on their content appearing on YouTube.
An example of this is a video featuring a 13-month-old toddler dancing to Prince’s “Let’s Go Crazy,” where the record label issued an immediate take-down request because the video included 29 seconds of copyrighted music in the background. However, a Ninth U.S. Circuit Court of Appeals in San Francisco upheld the federal judge’s decision to dismiss the record company’s claim, ruling that it constitutes fair use of the music.
According to one of the legal team members involved, the ruling “sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech.”
I have to say, I agree with them.