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Copyright Claim V/S Copyright Strike: How Do They Differ?

Learn the meaning of copyright claim & copyright strike and how they differentiate from each other.

A copyright claim is when someone asserts that someone else has used their idea or creation without any permission. A copyright strike is when the original creator of an invention or creation of any sort submits an application for the complete takedown of their copyright-protected creations from the public domain. 

Copyright refers to intellectual property. It is important to secure the original work as soon as it is completed. Books, movies, works of art, music, photography, architectural plans, and many other works are all subject to copyright. Expressions, not concepts, discoveries, techniques, or systems, are copyrighted. Copyright owners are the ones who create creative material. 

In this article, we will talk about the difference between copyright strikes and artistic work copyright claims. This will help you to understand whether or not you should opt for copyright application for your creations. Also, you will know how to safeguard your creations from infringement. Let’s get started! 

What is a Copyright Claim? 

Copyright claims can be made on any platform, such as YouTube. The claim occurs when someone publishes or uses the content without owning and/or creating it. The legitimate owner can identify the copyrighted work and decide whether to take action. Alternatively, you can claim ownership and monetise your video. In that case, the video will show an ad and the copyright owner will be paid. The video may be banned worldwide or in certain areas or locations. 

On the YouTube platform, copyright claims are also known as content ID claims. The system scans for video violations and notifies the rights owner. These violations apply to each video detected. So, if you have a YouTube channel with original content, you should know when your terms are violated by the audience and when exactly you should make a copyright claim. 

What is a Copyright Strike?

On the other hand, a copyright infringement strike occurs when the copyright owner strongly opposes using his work in a video and the video is removed from YouTube. This happens when the rights owner submits a DMCA removal request. This request includes the copyright owner’s contact information, a description of the work, and a sincere statement. After submitting your request, YouTube will remove the infringing video and the upload channel will either accept the decision or reply with a notice of opposition. 

The disadvantage of piracy is that it expires after 90 days and the account is considered the default. If you receive three strikes before the previous two strikes have expired, YouTube will terminate your account and delete all videos on your account. This can lead to legal proceedings and legal issues that can be costly and stressful. 

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So, if you want to keep your account running after copyright infringement, please note that live streaming and movie uploads longer than 15 minutes are prohibited. Hence, you should only go ahead with a copyright for songs in India strike once you are absolutely sure about the consequences of the same. 

 

How Video Sharing Platforms Reflect Copyright Claims and Strikes?

In addition to the burden of proceedings, a copyright infringement claim or a copyright strike may prevent the YouTube channel from monetising itself. The YouTube Partner Program does not automatically accept channels without copyright claims or strikes. 

This is important when deciding what material to publish and the graphics, music, audio, movies and other elements to include in the video. So, be very sure of what you are sharing on video-sharing platforms like YouTube or Dailymotion. 

When deciding between the copyright infringement claim or a copyright infringement strike, keep in mind that the claim affects only one video and the strike will adversely affect the entire channel. It’s better to avoid the use of copyrighted videos, music, or other material that can have serious consequences that negatively impact the time and effort required to build a powerful and prosperous channel.

How Can You Avoid Allegations of Copyright Claims and Strikes on Videos?

Copyright claims or copyright strikes can be one of the most frustrating aspects of working as a video maker and sharing videos on popular video sharing platforms. But you need not get worried or irritated as yet. And to avoid such irritable scenarios, use only the original material and licensed music (also known as “royalty-free music”). Knowing the tricks of copyright infringement will help you deal with the whole aspect better. 

Can a Copyright Claim Become a Copyright Strike?  

Copyright claims that turn into copyright strikes are rare, but copyright claims can only result in a strike if you copy someone else’s work and place it on your site without the consent of others. Another option is to plagiarize someone else’s content and post it to your site without approval. For example, the piracy allegations allow authors to strike their accounts and access certain aspects of content, such as websites, social networking sites, and even  YouTube channels publishing new content.  Regardless of whether the copyright claim is noticeable, you must obtain permission before posting someone else’s work. If you want to avoid copyright proceedings or strikes, you must purchase a synchronization license to use the content or own the content entirely. 

What Happens After the First and Second Copyright Strike?

The initial piracy allegations may affect some channel features such as live streaming and monetisation. However, if you are given a second infringement before the first infringement expires, you will have to wait another 90 days before the second infringement expires. Meanwhile, your account is still in chaos. If you receive a third allegation of copyright infringement before the first two expire, YouTube will automatically terminate your account and delete all the videos. Also, you will be banned from creating new channels. 

Conclusion

The bad news about copyright strikes is that you may face legal action and the media you use without permission may be prosecuted in court. If you lose the case, you could face significant legal bills as well as a hefty penalty. Hence, beware! 

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About the Author

Karan Mehta, a B.A. LLB (Hons) graduate at Vakilsearch, specialises in business, criminal, and intellectual property law. With over three years of experience, he offers expertise in trademarks, copyrights, patents, insolvency, and debt recovery. Karan is a trusted authority in IP law, delivering legal solutions for diverse clients.

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