What are Google Ads' and YouTube's intellectual property policies?

What is the general policy on copyrighted content in ads?

Google Ads has policies to protect copyright holders and comply with local and global copyright laws. It does not allow ads to use copyrighted content in a way that infringes copyright. Copyright complaints are claims of copyright infringement submitted by the copyright holders themselves.

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that protects copyright holders from online infringement. Advertisers who falsely claim their content does not infringe copyright may be liable for damages, including costs and attorneys' fees.

How do you get certified to use copyrighted content in ads?

If you are legally allowed to use copyrighted content or are its owner, you will need to be certified by Google to use this content in your ads. This certification is required for ads on Google Ads and Display & Video 360.

To apply for certification, you should fill out an application if you believe you are legally authorized to advertise or own the copyrighted content. If you resubmit your ads without a valid DMCA counter-notification after a complaint, it may result in the termination of your account under Google Ads' repeat infringement policy.

What is fair use on YouTube?

In US copyright law, fair use allows someone to use copyrighted content under certain conditions without needing permission from the copyright owner. However, courts ultimately decide fair use cases according to the facts of each unique case. There are no "magic words" to automatically apply fair use when you use someone else’s copyrighted work, and giving credit to the owner of a copyrighted work will not by itself turn a non-transformative copy of their material into fair use.

One of the four factors of fair use is the purpose and character of the use; nonprofit educational uses are more likely to be considered fair use than commercial uses. Automated systems like Content ID cannot decide fair use because it is a subjective, case-by-case decision that only courts can make.

How does YouTube's Content ID system work?

YouTube uses an automated content identification system called Content ID to help copyright owners easily identify and manage their copyright-protected content on YouTube. Content ID uses a database of audio and visual files submitted by copyright owners. When a video is uploaded to YouTube, it is automatically scanned by Content ID. If Content ID finds a match, the matching video will get a Content ID claim.

Content ID is available to copyright owners who meet specific criteria. To be approved, they must own exclusive rights to a substantial body of original material that is frequently uploaded to YouTube. Copyright claimants who repeatedly make erroneous Content ID claims can have their Content ID access disabled and their partnership with YouTube terminated.

What happens if a video gets a Content ID claim?

If you upload a video containing copyrighted content without the copyright owner’s permission, you could end up with a copyright claim. Depending on the copyright owner's Content ID settings, a Content ID claim can result in one of several actions.

These actions include blocking a video from being viewed, monetizing the video by running ads against it (sometimes sharing revenue with the uploader), or tracking the video’s viewership statistics.

How can you avoid copyright issues in your ads?

To help avoid copyright issues, YouTube offers the YouTube Audio Library for copyright-free music that you can use in your videos. Beyond this, ensuring you have proper authorization or certification for any copyrighted material you use is crucial to comply with policies.

Common questions

What is the Digital Millennium Copyright Act (DMCA)?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that protects copyright holders from online infringement.

Can I use copyrighted content in my ads if I give credit to the owner?

No, simply giving credit to the owner of a copyrighted work will not, by itself, turn a non-transformative copy of their material into fair use. Fair use is a complex legal concept that is ultimately decided by courts based on specific facts.

Can YouTube's Content ID system determine fair use?

No, automated systems like Content ID cannot decide fair use. Fair use is a subjective, case-by-case decision that only courts can make, based on the specific facts of each unique case.

What happens if I make a false claim about copyright infringement?

If you falsely claim that your content doesn't infringe copyright, you may be liable for damages, including costs and attorneys' fees. It is important to be truthful in all copyright-related claims.

Where can I find music for my videos that is copyright-free?

You can check out the YouTube Audio Library for copyright-free music to use in your videos. This resource helps creators find suitable audio without encountering copyright issues.