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On the Americansocial media andonline video sharing platformYouTube, acopyright strike is a copyright policing practice used byYouTube for the purpose of managingcopyright infringement and complying with theDigital Millennium Copyright Act (DMCA),[1] which is the basis for the design of the YouTube copyright strike system.[1] For YouTube to retain DMCAsafe harbor protection, it must respond to copyright infringement claims with anotice and take down process.[1] YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement.[1] When a YouTube user receives a copyright strike, they are required to watch awarning video and complete a quiz about the rules of copyright. A copyright strike will expire after 90 days. However, if a YouTube user accumulates three copyright strikes within those 90 days, YouTube terminates that user's YouTube channel, including any associated channels that the user has, removes all of their videos from that user's YouTube channel, and prohibits that user from creating another YouTube channel.[1][2]
YouTube assigns strikes based on reports of copyright violations from bots.[3]
Some users have expressed concern that the strike process is unfair to users.[4] The complaint is that the system assumes the guilt of YouTube users and takes the side of copyright holders even when no infringement has occurred.[4]
YouTube and game companyNintendo were criticized byCory Doctorow, a writer for the blogBoing Boing, due to them reportedly treating video game reviewers unfairly by threatening them with strikes.[5]
Fair use is a legal rationale for reusing copyrighted content in a limited way, such as to discuss or criticize other media. Several YouTube creators have reported receiving copyright strikes for using media in the context of fair use.[6]
YouTube creators have reported receiving copyright strikes on videos critical of corporate products. They assert that copyright violation, in this context, has been used as a strategy to suppress criticism.[7]
Copyright strikes have also been issued against creators themselves.[8]Miracle of Sound's channel received copyright strikes as a result of automated strikes by the distributor of their own music.[9][10]
In a similar incident to strikes, though in another forum, Sony Music issued an automated copyright strike against James Rhodes for a video onFacebook of him playing a part of a piece byBach, because they owned the copyright on a similar recording, and when the strike was challenged, asserted that they owned the rights to the work, before finally admitting that Bach's compositions are in thepublic domain.[11]
Some publishers on YouTube report not understanding why they have received strikes.[12]
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