Think of copyright like the right to copy. Under copyright law, when someone creates original work – like a YouTube video – usually that means they automatically own the copyright to it. Copyright owners have the legal right to use and distribute the content and they decide who else can, too.
To be eligible for copyright protection, a work needs to be creative and fixed in a physical medium. Intangible things like ideas, facts, and processes aren’t subject to copyright.
Copyright Permissions - Copyright on YouTube
Options for safely using copyrighted content
- Using content in a way that qualifies as a copyright exception, like fair use, fair dealing, or public domain
- Getting permission to use someone else's content
- Using content according to the terms of a Creative Commons license
- For music, sourcing from the YouTube Audio Library or Creator Music
None of the above options guarantee avoiding copyright issues on YouTube, like a copyright strike or Content ID claim. If you’re unsure, you may want to get legal advice before you upload.
Copyright concepts to know
Fair use
In the United States, fair use legally permits the use of copyrighted content without the copyright owner’s permission if it’s for specific purposes. Common examples include works of commentary, criticism, research, teaching, or news reporting. Different countries/regions have different rules about when it’s okay to use copyrighted content without the copyright owner’s permission. Learn more about fair use on YouTube.
Public domain
Public domain refers to content not protected by copyright because the copyright has expired or the content wasn’t eligible for copyright protection. For example, works created by U.S. government agencies are automatically in the public domain.
Rules vary by country/region, but generally copyright lasts for the life of the author plus 50-70 years. After that, the content is in the public domain, meaning it’s free for everyone to use.
Derivative work
Derivative works can include fanfiction, translations, spin-offs, adaptations, and similar work that’s based on someone else’s existing content. The copyright owner of the existing content has the legal right to control how their work is used, including with derivative works. Specific rules can vary by country/region.
Frequently asked questions (FAQ)
Here are some of the most common types of content subject to copyright (this is not an exhaustive list):
- Audiovisual works, such as TV shows, movies, and online videos
- Sound recordings, such as songs and other musical compositions
- Written works, such as articles, books, and sheet music
- Visual works, such as paintings, posters, and advertisements
- Dramatic works, such as plays and musicals
- Video games
- Computer software
No. Legally, YouTube can’t get involved in disputes of copyright ownership.
To comply with copyright law, YouTube’s role is to remove content when a valid copyright removal request is submitted. If the uploader submits a valid counter notification after, then we have to forward it to the person who requested the removal (the claimant). After this, it’s up to the uploader and the claimant involved to resolve the issue in a court of law.Copyright for AI-generated works is a complex and evolving area of law, and different countries/regions are taking different approaches. In general, copyright protects human creations.
For YouTube, if a copyright removal request is submitted for content that appears to be made by AI, we may ask for more details or may not be able to process the request as a copyright issue.
Ultimately, it's your responsibility to verify that a work is in the public domain before you upload it to YouTube. With this said, verifying public domain status can be complicated, since there's no official list of works in the public domain. To help you, there are many useful resources online, such as:
Keep in mind that these guides, and YouTube, can’t guarantee that all the works linked to are free from copyright protection. Also, the above resources are shared for educational purposes only and aren’t endorsed by YouTube.The World Intellectual Property Organization (WIPO) has a list of international intellectual property and copyright offices where you can learn about your area’s copyright laws.
For the European Union, the Your Europe website has copyright information for each country/territory.
Keep in mind that the above resources are shared for educational purposes only and aren’t endorsed by YouTube.