In some cases, a video may be available in certain countries or regions but blocked in others. This often happens because copyright laws and their exceptions, such as Fair Use or Fair Dealing, vary significantly by territory.
Why Regional Differences Matter
While YouTube supports the right of creators to use copyrighted material for purposes like criticism, commentary, and news reporting, the legal safety net for these uses isn’t the same everywhere.
- In the United States, Fair Use is a flexible, four-factor test that can apply to many types of transformative use.
- In Commonwealth countries such as the United Kingdom, Canada, and Australia, a more rigid set of specific categories like research, study, or parody must be met to avoid infringement.
- In the European Union, specific categories like quotation, criticism, review, caricature, parody, and pastiche may be interpreted differently across EU member states.
How This Affects Your Video
If a copyright owner asserts that your use of their content is permitted in one region but illegal in another, YouTube may be required to:
- Geoblock the video where it remains live but is inaccessible to viewers in specific countries where the use does not qualify for a local legal exception.
- Restrict monetization in Fair Use territories for the creator, while the copyright owner claims revenue in others.
Dispute Options
If you believe your video should be available in a blocked region, you can still use the dispute process. However, keep these points in mind:
- YouTube cannot arbitrate legal disputes or determine if Fair Use or Fair Dealing applies across different international jurisdictions.
- A successful dispute in the United States does not automatically guarantee the video can be unblocked in countries with stricter copyright laws.
- You may need to consult with legal counsel familiar with the laws of the specific region where the video is blocked.
Comparison of Exceptions
| Feature | Fair Use (e.g., US) | Fair Dealing (e.g., UK AU) |
|---|---|---|
| Flexibility | High; case by case balancing test. | Lower; must fit specific statutory categories. |
| Purpose | Any transformative purpose can qualify. | Limited to specific uses, such as news reporting or parody. |
| Outcome | Often allows longer clips if transformative. | Often requires sufficient acknowledgement. |
