YouTube Copyright Claims


If you have received a notice from YouTube that your video contains content that is owned or licensed by The Orchard, a music, film and TV distribution company, please read the outline below which will address any questions you may have. First off, please know that The Orchard does not intend to sue you and, in most cases, will not be removing your video.

The notice you have received informs you that YouTube’s Content Identification System (Content ID) has matched a portion of the audio or visual component used in your video to content that belongs to a particular copyright owner or was licensed to a distributor (e.g. The Orchard). YouTube’s Copyright Center explains Content ID as follows:

Copyright holders use Content ID to easily identify and manage their content on YouTube. Videos uploaded to YouTube are scanned against a database of files that have been submitted to us by content owners. When Content ID identifies a match between your video and a file in this database, it applies the policy chosen by the content owner.

WHAT YOU CAN DO TO FIND OUT MORE INFORMATION
YouTube’s Copyright Center is the place for definitive information regarding copyright claims and this process. The following offers some helpful tips in getting the most out of this resource.

If you have received a notice, you will see a link under your video’s view count in Video Manager as well as the following symbol: ©. To learn more about the status of your video and what steps you can take, click on the “Includes copyrighted content” link.

On clicking the link or symbol, you will see a screen like the one below:

On this page you will be able to review the claim, the content match, the claimants (e.g. The Orchard Music), and the policy that has been applied to your video by the claimant (whether to track, monetize, or block your video).

The best source of information about Content ID claims is the “What is a Content ID claim?” section under “Copyright support and troubleshooting”. This page is a particularly helpful resource that explains the possible reasons a claim may be placed on your video.

After reviewing the causes and status of the claim on your video, YouTube gives users the following suggestions (from “What is a Content ID claim?” in YouTube’s Help Center):

  • Do nothing: If you agree with the claim, you can just move on. You can always change your mind later if you disagree with the claim.
  • Remove the music: If you receive a claim for a piece of music in your video, you can remove the song without having to edit and upload a new video. Learn more.
  • Swap the music: If music in your video is claimed, but you still want to use music in the background, you can swap out the audio track with a song from YouTube’s free Audio Library. Learn more.
  • Dispute the claim: If you have the required rights to use the copyright-protected content in your video, or if you think the system has somehow misidentified the content used in your video, you can dispute the claim.

If the previously mentioned YouTube resources do not address your specific question or issue, and you would still like to dispute the claim, please visit: Dispute a Content ID claim.

On this page you can find step-by-step instructions on how to evaluate whether or not to dispute the claim on your video, and how to file a dispute in the event that you can confirm that the claim on your video is invalid.

Should you have any further questions about claims, you can also visit “Frequently asked questions” under “Learn more about copyright”.

THINGS TO CONSIDER BEFORE DISPUTING A CLAIM
There are several reasons to dispute a claim, but it is important to make sure the reasons apply to your specific situation and claim. YouTube has sections providing examples where the common reasons for disputing a claim of fair use and public domain are applicable. Otherwise, claims should be disputed in the event that you have exclusive rights or have correctly licensed all content present in your video, or the match is incorrect. Continued and frequent disputes against correct claims may result in rights holders taking action against your video or channel.

Another resource YouTube makes available for users is the Copyright Troubleshooter. If you have difficulty finding the information you need, this tool may help.

If after reviewing the resources from YouTube you still believe the claim is invalid and would like to proceed with the dispute, you will have to answer a series of questions and fill out the applicable fields in the dispute form provided by YouTube, and The Orchard will address your claim accordingly once received. Please provide as much information as possible, as it will allow for a more thorough and accurate dispute resolution. If you do choose to dispute a claim, we ask for your patience. Reviewing disputes is a time-consuming process. We hope you find this information helpful.

Sincerely,

The Orchard Team
disputes@theorchard.com

Image courtesy of YouTube

17 Comments

Chris

I’m finding it extremely annoying that my YouTube content keeps being matched against various companies copyright material.

Having said that thank you for this post and explaining your procedures. You are the first company who my content has incorrectly matched against that’s actually taken the time and trouble to document how you can assist me in getting the incorrect third party content match removed.

Thank you!

Reply
steve clark.

i uploaded a video to my utube and it was tagged for copyrighted material. i did use the material in question but thought i had made no violation because i posted it as a private video . . i thought that made it unavailable to anyone . ( i use you tube to upload videos , then download them as mp4’s ) the page said that it was still available for viewing world wide . i was shocked , i really thought no one could view it …. i took it down.. i did not credit the album i got it from because i was just using it to learn how to do keyframe audio editing i would like to thank the IODA for their kind and liberal response to my use of thier material and wish they had a contact edress (other than for press releases where i could explainwhat i did but also to see if i could have them watching my albums , they were so nice and reasonable , so sorry and thank you . steve clark

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Rich

You Tube took my video off line for a performance mixed with my adult and non-profit students at a Social Event. Our studio holds a license with ASCAP, however, we did not think we were in violation as no funds were made in the creation of the dance. We do not wish to violate any laws and would like to know what to do next. You Tube has our video listed as still available for “public view” however, it is not, which is fine. To dispute the process, when questions need to be asked, seems a waste of time. Thanks for providing this information. The other 2 sites listed in reference to the violation were not as helpful.

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Carlos Manuel Oliveira

Hi there, my name is Carlos, I am a Visionary, a Spiritual healer, writer and composer.
I thank you for your email regarding this subject (that took me to this web page).
I compose ALL my musics, they are 100% from my creation with more tham 30 videos 100% made by myself on my 2 youtube channels:
Carlos Manuel Oliveira
znatropoie

Fortunately I just use my creativity – nothing else.

It is a pain in the ass that: everytime I upload a video of my total creation, I always receive several messages regarding authors rights… I have received already hundreds of these.

But despite all, I want to thank you because you were the first one to send me this link (to this page of yours) that explains everything in detail reg. claims in youtube.

ps: sorry for my poor english

Cheers,

Carlos

Reply
Rob

I just came here after matching on a YouTube upload (which I certain did upload). I find your policy more than fair and refreshing to see from a content license holder. I was using the music solely to bring a little more interest to a video that is intended only for my friends to see and I am more than happy to have a way to do that but at the same time satisfy your commercial interests.

In any case, I felt like commenting just to let you know that this type of policy is greatly appreciated.

Reply
AL

Hi guys and girls,

Having read all your experiences and being a victim myself of this fraudulent claims by whatsoever party,
I’ve decided not to use Youtube as my video sharing portal anymore.

It only sides the big guys. What’s the point of disputing if it’s always rejected and works against our original
work.

It’s not like they are going to penalise orchard or any other party as they may be contributors to their company.

That’s it.

thanks

Reply
Charles F. Rose

In the first go around, The orchard wound up filing claims on 17 of my videos. After disputing all of them, the claims were withdrawn (Thank you very much!) I even went on the YouTube creators forum acknowledging your prompt response and subsequent retraction.

Now I have received claim # 18 for the same music track on a new video. I suppose the easy way out would be for me to knuckle under and stop using the music that is similar to, but not the same as, music owned by The Orchard. But I will not be harassed into removing my content or changing my long used music themes over bogus claims. I think that Kevin McLeod, the original creator of the music I use, may have a copyright claim against The Orchard Music or Lounge Cafe because his piece was published years earlier.

In any case, it is clear that the current technology is not up to the task. Let us hope that the inconvenience and expense do not rise to the level that justifies attorney’s fees before the system is improved. Meanwhile, rest assured that I will dispute every bogus claim and keep track of any associated costs or lost revenue.

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Charles F. Rose

What bugs me most – Oh BTW, got claim #19 this morning – is that I cannot use the music of my choice because the automated claims system cannot tell the difference between the similar similar synthesizer pre-sets used by Lounge Cafe for the back beat. By the time the claims are disputed and reversed, I have lost revenue on several thousand views. At one time I had 17 concurrent bogus claims on my videos, each of which racked up one or two thousand views while waiting for the disputes to be resolved.

By now, The Orchard should know that the music I am using is not theirs. Any rational businessman would have taken steps to avoid possible future conflicts, but then, the machines are not rational. At some point, a human will have to step in and make the necessary correction. The endless claim -dispute -reversal cycle is not only tiresome, it is getting expensive.

Reply
Hunter Cressall

My issue is with the practice of licensing music for royalty free use then flagging this music which your own records should show is in the wild, royalty free. I purchase music libraries specifically so that I do not need to constantly answer right holder challenges. It is time consuming and looks bad for me and my clients. I would suggest that if you have a track or album that is available through royalty free venders, please remove it from your automated flag database. It generates a great deal of pointless work for your company and mine.

Reply
The Orchard YouTube Team

In some cases, a client may license their content for use on a royalty-free website without our knowledge, and the tracks will be sent through to YouTube’s Content ID System. Once it’s recognized that the content was included on a royalty-free site, we will handle the claim accordingly. Please feel free to reach out to disputes@theorchard.com if you have any issues in the future.

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Jason Leaver

Is there a way to pre-emptily dispute a claim? As in, inform you of the legal use of music prior to uploading a video to YouTube?

I ask, because I have permission from a music artist who may unknowingly be represented by you (her work is on iTunes). If my video with her music has a claim filed against it, monetization is disabled on my video. As it takes months to resolve a dispute, we’ll have missed out on the revenue share during our peak viewership. The revenue I derive from YouTube’s revenue share program allows me to pay musicians and continue to create content in order to highlight their work.

The consequence of my fear of having a claim filed against my video has compromised my artistic vision, and in some cases forced me to decline the opportunity to licence and feature the work of some great musicians.

I appreciate that you’re looking out for artists and protecting them from YouTube creators who do not respect copyright – but I do respect copyright and do not appreciate being treated as guilty until proven innocent.

Reply
The Orchard YouTube Team

Videos containing our clients’ content are automatically claimed when YouTube’s Content ID System finds a match. A user cannot dispute a claim prior to the video being matched by Content ID. In order to expedite the disputes process for future uploads, please reach out to disputes@theorchard.com with the video link and license agreement.

Reply
David Annan

This post says normally the links to the songs used are automatically placed on the video and that is what has happened with two of my dance videos I uploaded. I have no problem with that since my aim is not to make money through the videos. However, this time it has totally blocked the new dance video I uploaded, as opposed to putting the links there and making it available to be played. Is there any reason why this has happened?

Reply
The Orchard YouTube Team

Content owners have the option to monetize, block, take down, or monitor statistics surrounding YouTube videos containing their content. In some cases, a label may choose to block a video instead of monetizing it in order to drive traffic to the official video. Please reach out to disputes@theorchard.com with any additional questions.

Reply
christopher cain

I successfully disputed one of your claims. I would like to know how much ad revenue that you collected during your false claim. How do I go about doing that?

Reply

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