YouTube is a website where people from all over the world can upload and
share videos. It was created in 2005 to let users publish and share films with
others. It is regarded as the largest website in the industry and has
accumulated a sizable user base over the years. Currently, a large number of
individuals are employed by YouTube, both as employees of the firm and as
creators based there.
People can publish music, video, artwork, commentary, reviews, video game
playthroughs, and a variety of other sorts of content that is widely accessible
for both public and ad-equated financial gain. The technique of monetization,
along with the many alliances and agreements that enable people to make money
from uploading videos to YouTube, was gradually included in the system.
Due to a large number of businesses, institutions, and independent artists using
the platform, as well as the possibility to monetize, issues with fair use and
copyright have also started to appear. Since the video-sharing service is free,
some users try to make money off of the work of others by stealing, reposting,
or passing off existing footage as their own in order to acquire popularity.
Another serious issue is the way that malicious entities have unfairly removed
films they do not like using YouTube's Copyright system in various instances.
Both of these problems are the result of intentional misuse or misinterpretation
of the ideas of fair use and copyright.
Relation To Youtube And Copyright Is Fair Use
Copyright is a law and a type of intellectual property that is used to give
credit to the authors of non-physical works. The original expression of an idea
can be safeguarded via copyright against theft, modification, and other types of
infringement that could be detrimental to the author. In the digital age, when
there is a greater prevalence of online work sharing and a greater need to
properly acknowledge authors and protect their rights, copyright has gained
Creators can share their work on the YouTube platform while still maintaining
their ownership of the original content. The vastness of the site and the ease
with which anyone may publish recordings, however, make it fairly challenging to
actually enforce the law. Without permission, content is frequently stolen,
reposted, and repurposed. This is especially more obvious when it comes to the
intellectual property of large enterprises, businesses, or authors who are not
part of the platform.
On YouTube, their works are frequently promoted and replicated without their
express consent or even against the law. As a platform where content may be
freely shared with the public, YouTube is closely related to online piracy. The
reporting mechanism was created to address this issue, although it is not
Due to the platform's vastness, demands copyright infringement are processed by
algorithms rather than by real people, who are unable to fully comprehend their
use of copyrighted material or the veracity of the claims made. This makes the
process of appealing for copyright infringement unregulated and unreliable.
Smaller creators are frequently forced to wait months for manual examinations of
their claims by YouTube staff even unable to communicate with others, leaving
their problems unaddressed.
Another crucial idea to comprehend in relation to YouTube and copyright is fair
use. The term refers to the legitimate use of content that complies with
existing copyright laws. As it stands, content producers and website users are
permitted to utilize a piece of another person's content as long as it is done
in a way that does not diminish or take away from the original's purpose.
Reviews and commentaries, which are based on reflection and reaction, are
therefore permitted to use a portion of the original copyrighted content without
violating the law if their content adds value to the original or sufficiently
alters it. Fair Use was created to encourage people to be more creative and to
change the works they have created for the website and other areas of the
The issue then comes from those who either don't understand how fair use is used
or intentionally interpret the law incorrectly to advance their own goals. Many
times, content owners and businesses demand that their material be deleted from
films that have utilized it lawfully, disregarding the fundamentals of fair use
in the process.
This hinders producers' efforts and stunts the platform's growth. The situation
is made worse by the automation of the copyright infringement reviews that were
previously stated. Considering that there is frequently no central authority to
which persons can resort in order to dispute the accusations brought against
Any copyright infringement claims that are met by complaints go straight to the
person who made the claim, making the procedure for removing copyright strikes
biased and unfair to lawful content publishers.
- Shree Krishna International Film Productions v Google India and
YouTube LLC, 2019 Suneel Darshan, a well-known film producer and owner
of Shree Krishna International (the Plaintiff), filed a lawsuit against
Google Inc., Google India Pvt. Ltd., and YouTube LLC (the Defendants) in the
District Court of Gurgaon, Delhi NCR, alleging copyright violations of his
sound recordings, cinematograph films, and audio-visual works. The plaintiff
claimed that YouTube's popular "YouTube Downloader" feature was unauthorized
to upload the content.
The plaintiff denied granting the defendants authorization to keep,
broadcast, or otherwise publish the works. The unlicensed downloader and the
defendants shared the advertising money or other gains from the illicit
exploitation of the plaintiff's copyrighted works, causing the plaintiff
considerable financial losses. The court held that the defendants breached
the plaintiff's copyright for the songs and substance of her Hindi movies
and caused her financial loss. The court granted the plaintiff INR 50,000
and restrained the defendants and others from repeating the violation.
- Patanjali Ayurveda Limited & another v Google LLC & others, 2019
CS (OS) 104/2019 & I.A. 2577/2019 In response to a lawsuit brought by
Patanjali Ayurveda Limited and Baba Ramdev, the Delhi High Court ordered
YouTube to remove a video that purportedly disparaged Patanjali products.
Since the video allegedly made various threats, insulting, and defamatory
claims about Patanjali Products, Patanjali and Baba Ramdev requested a
permanent injunction against it. Additionally, they requested a court order
to force Google, YouTube, and Facebook to remove the video and all links to
it from both Indian and foreign domains. The court ordered Facebook to make
sure that connections to the video are removed from its platform in addition
to ordering YouTube to remove the video.
The court further noted that the video had broken both the self-imposed
rules of these platforms as well as the law because of its explicit and
disparaging language. This is in response to a previous court ruling
mandating the removal of the video from these platforms' Indian domains. To
help Patanjali take further action, the court also ordered YouTube to give
any information it has about the person who uploaded the video.
- Viacom Int'l, Inc. v YouTube 940 F. Supp. 2d 110 (S.D.N.Y. 2013)
Viacom, a large international media firm, filed a lawsuit against YouTube
for numerous instances of copyright infringement on its platform. Viacom
International, Inc: The corporation claims that the site violates copyright
by allowing users to republish and distribute videos that explicitly contain
Viacom content. The district court's decision to grant summary judgment to
YouTube should be overturned.
According to the appellate court, even though the district court correctly
determined that 17 U.S.C. 512(c)(1)(A) requires knowledge or awareness of facts
or circumstances that indicate specific and recognizable instances of
infringement. The appeal court held that a reasonable jury may determine that
YouTube had knowledge or understanding under 512(c)(1)(A) with regard to at
least a few particular clips. Additionally, the appellate court ruled that it
was incorrect to read the "right and power to restrict infringing activities" to
mean that item-specific knowledge was necessary.
YouTube is a solid platform for content creators and people all around the world
since it gives them the freedom to publish videos and attract viewers. The
systems in place for defending the rights of authors and larger organizations
have flaws. Requests cannot be manually examined, which results in numerous
instances of misuse and improper treatment.
Smaller producers suffer the most because they lack the voice, influence, or
authority to effectively voice their grievances, and as a result, their issues
frequently get buried in a sea of information. Before they are completely
effective, the current copyright infringement and fair use restrictions used on
the web must undergo significant adjustments.
Written By: Khushboo Agarwal,
- Fair use on YouTube -YouTube Help.
- How YouTube Prevents Content Piracy - How YouTube Works.
BBA LLB 4th Year - Mody University of
Science and Technology, Laxmangarh, Rajasthan