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Your Plan of Action

1. Contact the Video Production Agency

The first step is to reach out to the video production agency that created the video. Inform them of the copyright strike and provide details, such as the platform where the strike occurred and the reason for the infringement notice. In this case, explain that the claim is related to the background music.

2. Request Proof of Licensing

The agency should have documentation of its Artlist subscription, which gives them legal permission to use the licensed music in commercial projects. Ask the agency to provide proof of their valid subscription and licensing agreement for the song in question. This proof will typically include details such as the licensing period, specific track, and the terms of use (e.g., commercial purposes).

3. Submit a Counterclaim

With the proper licensing documentation in hand, the next step is to submit a counterclaim to the platform (such as YouTube) where the copyright strike occurred. Most platforms have a formal process for disputing copyright claims. During this process, the client should attach the licensing proof provided by the agency, clearly stating that the music was legally licensed via Artlist and that the copyright claim is invalid.

4. Follow Up with the Agency

While the counterclaim is under review, keep in communication with the video production agency to ensure they remain available for further assistance if needed. Some agencies may even handle the counterclaim process on behalf of the client, streamlining the resolution. However, this may require you to temporarilygrant them access to your Youtube account.

5. Wait for the platform’s decision

Once the counterclaim has been submitted, the platform examines the file, often within a specific timeframe (e.g. 10 to 30 days). If the licensing documents are valid and the counterclaim is processed correctly, the copyright cancellation will probably be removed.

6. Prevent Future Issues

To avoid future copyright strikes, make sure the video production agency provides licensing proof upfront for any third-party assets (like music) used in the video. Platforms like YouTube and Vimeo sometimes flag content automatically, so having this documentation ready can speed up the dispute process.

Understanding the Youtube Copyright Process

Youtube’s copyright process can be confusing and frustrating to navigate. The platform uses an automatic copyright detection system to streamline content flagging and protection. This system relies on content identification and content matching. It allows creators to “scan” the platform for video or audio content that ressembles theirs, as well as contact the concerned channel to request a removal if necessary.

Youtube has been changing its copyright policy over the years after receiving complaints time and time again from youtubers justifying their use of content. From reaction channels to gaming and commentary spaces, many creators were left unable to monetize their videos from ad revenue. An example is when the Fine Brothers, famous for their series of reaction videos “Kids React” and “Adults React”, applied to trademark the word “react”. This would mean any content with this word would be taken down. They created a program called “React World” where other youtubers could submit their reaction videos using the Fine Brothers’ icon.

This basically meant other youtubers would create content for them for free. On top of that, these videos had to be monetized with a part of the earnings going to the Fine Brothers’. Needless to say, this maneuver led to no avail and was cancelled, copyright and trademark applications rescinded. Some creators resort to using purely original content, or only referencing the copyrighted content rather than using it, replacing it with a royalty-free option.

Copyright Claims and Strikes

A copyright claim allows creators to take action against other creator’s videos that use or include their content in an unfair was, without permission. Receiving a claim means the copyright holder has requested action be taken on a video they believe is infringing. Resolutions to a copyright claim include the video being blocked and unviewable in one or more area(s), monetization being disabled or a redirection of the video’s revenue to the original owner. A video may be hit with a copyright claim if it contains accidental infringement, meaning the person didn’t realize they needed permission to use the content. This is particularly common with background music. It is also possible for this system to be misused, resulting in a false claim which should be disputed as explained above. Claims only apply to the videos in question and have no major effect on the accused’s channel. A copyright holder may also choose not to take action.

Copyright strikes are a bigger deal, they are issued when a copyright holder decides to fully take down your video, as opposed to it simply being blocked in certain zones. This means that it is monetized by no one and blocked everywhere. Strikes also affect the account as certain features such as livestreaming, long videos and monetization can be revoked. By the third strike, the person’s channel may be fully terminated and prevented from making a Youtube account in the future.

Intellectual Property

The World Intellectual Property Organization (WIPO) defines intellectual property as:

“creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names, and images used in commerce”

Simply put it is an umbrella term referring to the different kinds of assets created at one point or another by the mind and classified and intangible property. It is believed to encourage the creative process as it provides a safety net for artists as well as ensuring people receive a return on their investment whether it be time or money. According to the Vethan Law Firm, these rights can only be claimed by the creator or recipient of ownership (through transfer), and covers the “expression of an idea rather than the idea itself”. Some types of intellectual property include trademarks, patents, industrial designs and, of course, copyright. This makes copyright a form of intellectual property. They are not to be confused, as defending a copyright is a different procedure requiring different expertise than that of a trademark or patent.

What is Copyright?

The term copyright explains itself: the right to copy. Here’s a crash course provided by the University of Texas. At its core, copyright is a law that protects creators by giving them exclusive rights to their work—whether it’s a video, music, or written content. In video production, it covers the content you see and hear: music, visuals, footage, and even scripts. Copyright ensures that only the creator, or those they’ve licensed, can use, reproduce, or distribute the work.  With platforms such as Artlist, producers can find and use quality audio from talented artists with a subscription-based form of licensing. In this case, the production company is using someone else’s copyrighted content with a professional license (which would cost more than a private one, of course), that extends onto you at the purchase of video production services. This license has its limitations, as the contract established between company and client should clearly state.

After a period of time, copyright can be renewed to prevent the work from passing into public domain and be accessible to anyone for rework or redistribution without any proceeds going to the original owner. A copyright can also be sold and transferred to a different entity that will then receive any recompense from its use. Any video content produced later than January 1, 1978, is copyrighted for the creator’s lifetime and 70 years after that. Content that was initially published anonymously or under a pseudonym is protected for 120 years after its creation and 96 years post-publication. This is because people aren’t obliged to register their work under their legal name. To quote Copyright Alliance :

“An anonymous work is defined by the Copyright Act as a work where “no natural person is identified as author” on the copies or phonorecords of the work. 17 U.S.C. ¤ 101.

If the author’s name appears on the copies or phonorecords, the work is not an anonymous work, even if the author does not wish to reveal his/her identity in the registration.”

This means that pseudonymous work is when an author has identified themselves and claimed the rights to their work under a fictitious name. When an artist’s identity is revealed or registered, it is no longer considered anonymous. An example is Banksy, the anonymous British artist that has created several world-renowned street artworks. Surprisingly, when the artist attempted to claim the rights to his work “The Flower Thrower”, he was met with a negative response from the European Union Intellectual Property Office (EUIPO) as the work was qualified as anonymous. This means no is allowed to claim it, not even the original creator (unless their identity is revealed, but what’s the fun in that?).

a photograph by Valerio Berdini showing Banksy's flower thrower next to some people at a car wash

What is Copyright Infringement?

Copyright infringement occurs when someone uses, distributes, or reproduces copyrighted content without permission. This could range from copying a video, distributing unlicensed music, or even showing it in public without proper authorization. Platforms like YouTube are quick to flag such violations, which can lead to your video being removed or, worse, account suspension after multiple strikes.

Primary Copyright Infringement

Primary copyright infringement refers to the direct violation of a copyright owner’s exclusive rights. This means someone has used, distributed or reproduced protected content without permission. Here are some common forms of primary copyright infringement that can lead to legal consequences for the infringer.

  • Copying the content: duplicating or reproducing the original work without the creator’s consent. This may be music, artwork, scripts, footage and any form of video production
  • Issuing copies to the public: Distributing or selling copies of copyrighted material without proper authorization, may it be digital or physical.
  • Renting or lending: Without the proper licenses, renting, sharing and borrowing copyrighted content, like a video, is considered infringement.
  • Performing or showing it publicly: Any display of the copyrighted content, such as screenings, playing music or audio files in a public setting (where others may also record and post it) is wrong without permission.
  • Communicating it to the public: Sharing or broadcasting copyrighted material online, on TV or other media without permission is prohibited.

Secondary Copyright Infringement

Secondary infringement refers to situations where you might help someone else infringe on copyright, such as sharing unlicensed content. Here are some actions that can lead to legal trouble, even if you didn’t directly copy, use or share the copyrighted content yourself.

  • Getting content from someone who has copies, reproduced, or shared copyrighted content without permission doesn’t absolve you of responsibility.
  • A disclaimer won’t protect you from copyright infringement claims. Saying “I don’t own the rights” or “no copyright infringement intended” is useless even when you’re honest.

To Repost or Not To Repost?

In some cases, sharing or republishing someone else’s content via social media can also have legal ramifications. Social media sites allow users to do this with a click of a button, all in good faith of sharing your friend’s images and contributing to it’s reach. Despite being common practice and often innocent, the reposting feature sometimes leads to issues. For example, celebrity Gigi Hadid had faced legal trouble after reposting a picture of herself that had been taken by paparazzi, a picture that was explicitly copyright protected. Though the case was dismissed, it goes to show the nuance of sharing on social media.

What differs between reposting and straight up copying is that platforms such as Instagram or X allow the user to embed the content in their post, serving as a direct link to the creator’s content and page. This can be considered publicity, as it ultimately widens the scope of people having access to the content: the same post is simply visible elsewhere.

What is Fair Use?

Fair use allows limited use of copyrighted material without needing permission, provided the use is for a new, transformative purpose. Most fair use content falls under two categories: commentary or criticism, and parody. The logic behind this rule is that the public gains something from your content, which is enhanced by the use of some copyrighted material.

For example, if a work originally created for entertainment is repurposed to inform or educate, such as in A Fair(y) Use Tale, where the new purpose is to teach about copyright rather than entertain, this can be considered transformative. Similarly, using copyrighted material to create a new work with commentary or to raise awareness of an issue falls within the realm of fair use. In cases where the purpose is to preserve fragile or outdated formats that cannot be commercially obtained at a fair price, this also qualifies. The nature of the copyrighted work plays a role, particularly if the original work is creative. Transformative uses, like educational or parody purposes are allowed, while simple “mashups” created for entertainment without any new purpose are likely to be considered infringements.

To summarize, fair use is determined by:

  • The purpose of use
  • The nature of copyrighted work
  • The amount of copying
  • The effect of copying on the market value of the original work

The Legal Aspects of Working with a Video Production Company

Partnering with a professional video production company is the most effective way to produce high-quality videos that connect with your target audience. A seasoned agency brings expertise, cutting-edge equipment, and skilled teams to guide you through every stage of production—from planning to editing and distribution. By working with a knowledgeable team, you’ll not only get top-tier results but also a clear understanding of the legal aspects involved, ensuring your project is protected and all agreements are properly handled. At Fullframe Creative, we prioritize delivering exceptional content while building strong, lasting relationships with our clients. Reach out to us to learn more about what to expect when collaborating with a video production agency.

Rights and Ownership

Generally, the company that produces your video owns the rights to the content, and you receive a license to use it. This is because they are responsible for all aspects of production, including pre- and post-production. While you may have commissioned the video, the company retains ownership. However, every situation is unique, so ensure your contract clearly defines how you can use the video and what rights you have across various platforms.

Filming in public or private spaces often requires location releases and permits, especially when filming drone videos. These documents grant permission to film on the premises and outline any restrictions, such as the need to protect the property from damage or ensure minimal disruption to the surrounding environment.

Unauthorized use of trademarks or logos can lead to claims of infringement or misrepresentation. If a brand’s logo or product appears in the background of a shot, securing permission from the trademark owner is a good practice, especially if it isn’t a product demonstration video or a video ad. Another critical area involves securing agreements with on-screen talent, crew members, and other contributors. Contracts should clearly outline the terms of engagement, including compensation, usage rights, and credit provisions. Talent releases are also necessary to ensure that all participants consent to the use of their likeness in the final product and that no claims can be made after production.

Once a video is produced, the distribution phase introduces another layer of legal complexity. Producers need to establish clear distribution rights, either retaining full ownership or granting specific rights to broadcasters, streaming platforms, or social media marketing outlets. Licensing agreements define how, when, and where the content can be used, as well as the financial terms of the distribution.

Payment Terms

Payment terms are another critical section of your contract. You should fully understand when payments are due and what happens in the event of late or missed payments. Be sure to ask your production company to explain their payment structure if anything is unclear. Additionally, be aware of any potential extra costs that could arise during the project. Changes in the project scope, location, or video production equipment needs could affect the final bill, so make sure you’re prepared for these possibilities. The last thing you want is an unexpected expense buried in the fine print.

Conclusion

In conclusion, navigating copyright in video production is essential for both creators and clients. Understanding the intricacies of copyright law helps protect original content and ensures compliance when using third-party materials. As a client, clarity on rights and responsibilities in your contract with the production agency is vital to avoid future disputes and copyright strikes. For creators, safeguarding your work against unauthorized use is equally important, as copyright infringement can lead to significant legal repercussions. By prioritizing proper licensing, clear communication, and adherence to copyright laws, you can foster a respectful creative environment that values intellectual property while delivering high-quality video content. Embracing these practices not only protects your work but also enhances the integrity of the video production industry as a whole.

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