How an Arts Business Hired a Lawyer to Draft a Copyright License Agreement in Arizona

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.