The answer depends on a few factors. First, if you are filing a YouTube claim or a copyright lawsuit against another party for violation of YOUR copyrights, then the wisest course of action is to hire experienced copyright attorneys to prosecute your claim. Studies show that when prosecuting claims related to the infringement of intellectual property — like copyrights — hiring a lawyer maximizes the value of your potential for recovery of money damages.
Generally speaking, your copyright comes into existence when your original work is published. Among other legal rights, you have the right to refuse to allow others to re-publish or otherwise use your original works. You also have the legal right to bring legal action to protect your original content. Generally, this requires that you register your original works of authorship with the Copyright Office. You will need experienced and talented legal help with this. At a minimum, you should consult with intellectual property lawyers — like the ones here at Revision Legal — to examine your legal case and evaluate options. Options include sending a letter/notice of infringement to the infringing party or sending a Takedown Notice. If the infringing party is another YouTube account, a copyright claim can be made within the YouTube system.
Second, if you are responding to a copyright claim on your YouTube channel, whether you need a lawyer depends on the circumstances. On YouTube, a copyright “claim” is not the same as a copyright “strike.” A claim is like a “sticky” or “post-it” placed on your video by the copyright owner that allows your video to be restricted in certain geographical locations and removes your ability to monetize your video. But, a copyright claim does not, by itself, endanger your channel.
Copyright strikes, on the other hand, are serious and if you are in danger of receiving a copyright strike, you should probably consult with a copyright lawyer. YouTube uses a “strike” system. Basically, you can get one strike in a 90-day period; if you receive a second strike, your channel will be shut down — you will not be able to upload — for two weeks. Three strikes and your channel will be shut down.
With respect to copyright claims, it is possible to challenge those claims. You can make an appeal within the YouTube system arguing — with proper documentation — various legal defenses such as:
- Permission — explicit or implied license
- Public domain — the material in question is in the public domain or no longer under copyright
- Fair use
Another option for challenging a claim is to contact the copyright owner and seek a resolution. This might entail obtaining permission to use the content and/or convincing the owner that there is no valid copyright claim. Generally, if this can be done, the copyright claim will be withdrawn.
Contact the Copyright Attorneys at Revision Legal
For more information, contact the experienced Copyright Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474.
