Copyright Lawyers for Hawaii

When you upload a video to YouTube, you're automatically agreeing to their Terms of Service and Copyright Policy. What that really means is this: you're saying you either own the rights to every part of your video or you've gotten permission to use it. There isn’t a separate “Copyright License Agreement” that gives you a pass to use copyrighted material freely. That includes music, movie clips, TV shows, sports highlights, and even images you found online. Just giving credit or adding a line like “no infringement intended” doesn’t offer any legal protection. Now, how does YouTube actually enforce all of this? It mainly comes down to two systems. The first is Content ID. That one’s automated. It scans your video against a big database of copyrighted material that rights holders have submitted. If there’s a match, you’ll get a Content ID claim. That’s not the same as a copyright strike, but it can still have consequences. The rights holder might choose to monetize your video, block it in some countries, or just track how it performs. A lot of creators run into this when they use popular music, and usually the result is that they lose monetization for that video. In some cases, the rights holder might go a step further and issue both a Content ID claim and a formal takedown. The second system is a DMCA takedown notice. That’s a legal process under U.S. copyright law, and it lets a rights holder demand that infringing content be removed. If that takedown is valid, your channel gets a copyright strike. One strike can block you from live streaming. If you get three strikes within 90 days, your channel and any linked accounts can be terminated. Strikes expire after 90 days if you go through YouTube’s Copyright School, but if you keep getting them, things can escalate fast. Now, fair use is where a lot of creators hope they’re protected. It’s a legal doctrine in the U.S., found in Section 107 of the Copyright Act. In short, it allows limited use of copyrighted material without permission, as long as the use meets certain criteria and is considered transformative. Courts look at four main factors: First, the purpose and character of the use. Second, the nature of the copyrighted work. Third, how much of it you used and how significant that portion was. And fourth, whether your use could harm the market for the original. For example, if you're reviewing a movie and include a few short clips with your own commentary, that’s much more likely to fall under fair use than posting a montage of fight scenes with no added value. Using factual material, like a short news segment in a critique, tends to be safer than copying a full song or film scene. But the truth is, fair use is case-specific. There’s no guaranteed rule like “10 seconds is okay.” Only a court can give a definitive answer. So what can you do? The safest route is always to license the content. Services like Epidemic Sound, Artlist, and Storyblocks let you use music and footage under a subscription license. For free material, YouTube’s Audio Library is a solid option. You can also look at public domain works. In the U.S., that currently includes anything published before 1929. That date moves up each January 1. Another option is Creative Commons content, but you’ll need to follow the terms of those licenses, which can include attribution or limits on commercial use. If you’re going to rely on fair use, make sure what you’re doing is truly transformative. That means adding something original, like commentary, criticism, or parody. Use only what’s necessary and avoid the most recognizable or valuable parts of the original. It’s important to understand that even if you’re confident your video qualifies as fair use, YouTube can still take it down if the rights holder files a takedown notice. Your option at that point is to dispute it, but that can come with risks, including potential legal action. If your channel is monetized, repeated claims or strikes can impact your income and the long-term future of your account. Because fair use is such a gray area and carries real consequences, it’s wise to talk to a copyright attorney if you plan to use third-party material often. The attorneys on Contracts Counsel would be happy to assist.

You usually need to get the permission of the owner of the photograph which is usually the photographer. Check the metadata or do a reverse image search to help you find the owner.

You can use a copyrighted song in your YouTube video legally if you’ve secured the correct type of license. Buying a song on iTunes or streaming it on Spotify doesn’t give you that right. Those purchases are only personal listening licenses and don’t extend to using the music in your own content. For YouTube, you need licenses that specifically cover synchronization with video and online distribution. Every song involves two separate copyrights. The first is the musical composition, which covers the melody, lyrics, and arrangement and is controlled by the music publisher. To pair the composition with visuals, you need a synchronization license. The second is the sound recording, also called the master, which is the specific recorded version owned by the record label. To use that track in your video, you need a master use license. For popular songs, that means negotiating two separate licenses with different parties. The process is often complicated, slow, and costly, which is why most YouTubers don’t license mainstream tracks directly. The more practical route is to use licensing platforms designed for creators. Services like Epidemic Sound, Artlist, and Musicbed provide subscription-based access to music libraries. They’ve already secured both composition and master rights, and they typically whitelist your YouTube channel so Content ID doesn’t block or demonetize your videos. Another option is stock music libraries such as PremiumBeat or AudioJungle, where you can buy individual track licenses. In those cases, you must read the terms carefully to confirm that the license covers YouTube, monetization, worldwide distribution, and long-term use. A perpetual license is preferable so you don’t face takedowns years later. Even if you have a valid license, YouTube’s Content ID system may still detect the track. That doesn’t mean you’ve infringed copyright. It just means the system has matched the audio. When that happens, you can dispute the claim and provide proof of your license. Reputable licensing companies usually assist in clearing these disputes. If you don’t have the right license, however, Content ID claims can result in demonetization, muting, regional blocks, or DMCA takedowns that put your channel at risk. Cost is another factor. Licensing a mainstream hit directly from a label and publisher can cost thousands of dollars, depending on the song and how it’s used. In contrast, a subscription service like Epidemic Sound runs on a predictable monthly or yearly fee and covers all the legal rights you need for YouTube use. If your channel is monetized, it’s also important to confirm that the license allows commercial use. A personal or non-commercial license won’t protect you if you earn revenue from your videos. To stay compliant, keep a copy of every license you obtain. Make sure the license explicitly allows use on YouTube, permits monetization, applies worldwide, and lasts for the life of your video. If you’re working with a platform subscription, ensure your channel is properly linked so that Content ID claims are automatically released. If you want to use a well-known commercial track, you’ll likely need professional help negotiating directly with the rights holders. For most creators, using licensed music from platforms built for YouTube is the safer and more cost-effective approach.

Hello! My wife does photography so I understand how frustrating this may be. The answer is yes; you can. Technically, you own the copyright and you are allowed to give copies to your clients. As a condition, you can state in your contract that alterations of any kind are prohibited or may require your approval first. We're happy to help take a look at the contract for you and add those terms! Best of luck! Dolan

Great question—and you are right to pause and carefully review that clause. While it can be legal for a photographer to include a usage clause granting themselves broad rights, whether it is appropriate or enforceable depends on the exact language, the scope of use, and what both parties agreed to. Here’s What You Should Know: 1. Copyright Ownership Defaults to the Photographer Under U.S. copyright law, the photographer generally owns the images they capture—even if you paid for the photoshoot. What you, as the client, receive are usage rights outlined in the contract. 2. Unlimited Usage Clauses Are Legal, But Negotiable A clause granting the photographer “unlimited usage rights” allows them to use your images for portfolios, marketing, social media, contests, or even to sell prints—unless otherwise limited in writing. This can be legal and enforceable if it is clearly written and both parties agreed. However, you are not required to accept such terms. These clauses are absolutely negotiable. 3. Privacy and Personal Images Can Be Protected You have every right to request limitations—especially for personal or sensitive content. You can: Limit use to the photographer’s portfolio or website only Require your written consent before any public use Prohibit publication or commercial use entirely What You Can Do: Review the contract language closely—look for terms like “unlimited,” “perpetual,” or “irrevocable.” Negotiate modifications to the clause before signing. If the contract has already been signed, a legal review can help determine if you still have room to clarify or limit use based on state law or privacy considerations. If you would like assistance reviewing the agreement or drafting appropriate language to safeguard your privacy, I would be happy to help.