While most copyright disputes on YouTube are resolved through digital removals or account strikes, certain types of infringement can result in criminal investigation and prosecution by government authorities.
Civil vs. Criminal Infringement
It is important to understand the difference between a standard copyright claim and a criminal offense:
- Most issues on YouTube are civil infringements where a copyright owner sues a user for damages or asks YouTube to remove the content. The result is usually a Copyright Strike or a financial settlement.
- Criminal infringements occur when copyright law is willfully broken for the purpose of commercial advantage or private financial gain. These cases are handled by law enforcement agencies (such as the Federal Bureau of Investigation in the United States) rather than the YouTube copyright team.
When Copyright Infringement Becomes Criminal
Under many jurisdictions, copyright infringement moves from a civil matter to a criminal one if certain criteria are met:
- The person willfully knew they were infringing and intended to do so.
- The infringement was done for commercial purposes and to make money or gain a business advantage.
- The scale of infringement, particularly the large-scale reproduction and distribution of copyrighted works, such as through piracy sites or the sale of unauthorized copies of movies and software.
Potential Penalties
If a court finds an individual guilty of criminal copyright infringement, the penalties can be significantly more severe than a channel termination. These may include:
- Substantial statutory fines that can reach hundreds of thousands of dollars.
- Felony convictions can result in multi-year prison sentences.
- The seizure of equipment such as computers, servers, and hardware used to commit the infringement by authorities. Seized equipment usually becomes property for law enforcement’s own use or is publicly auctioned off.
Do note that YouTube cannot protect users from criminal investigations, as that is usually up to defense attorneys. If law enforcement issues a valid legal request or subpoena, YouTube may be required to share information in accordance with their Privacy Policy.
How to Avoid Risk
The best way to protect your channel and yourself is to ensure you have all the necessary rights to the content you upload.
- Review their guide on Fair Use and other exceptions.
- Use the YouTube Audio Library for royalty-free music.
- When in doubt, consult with a legal professional.
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