The Consequence of “Strict Interpretation of Copyright Law” on YouTube

If you think of YouTube as a platform where if you play by copyright law, your videos will be safe from DMCA takedowns, and you have some recourse if it’s taken down improperly. That’s not the case in a number of countries, particularly in Japan, thanks to an additional barrier of lawful sharing. What I’m talking about is the lack of fair use due to a strict interpretation of copyright law.

YouTube is committed to adhering to copyright laws around the world, and has even made deals with certain rightsholders that dictate where and how their content can be used on the site. If you use material that is controlled by a Japanese rightsholder and they object to it, your video is taken offline and unrestorable unless you get the rightsholder’s permission. As such, they have no legal obligations to consider whether your use conforms to the U.S. Fair Use exception.

Given the importance of YouTube as a platform of expression, these laws can have a dangerous effect on your channel. Multiple YouTubers including TotallyNotMark, Suede, and others have fallen victim to this. The majority of these claims came from companies being represented by the Content Overseas Distribution Association (CODA) where they laid Content ID claims on videos. A user would dispute and the rightsholder would respond with a DMCA takedown. Believing their videos abided by Fair Use, they would counter-notice but then have the video taken down again because of insufficient rights.

Rightsholders can double down on takedown notices and the user has nowhere to turn. They have not shown themselves to be particularly interested in acknowledging fair use because they don’t have it in their copyright law. Given how much the site owes its success to user contributions, it’s a shame that copyright owners in some countries have to veto the right on fair use because their law is strict.