Copyright protection on the YouTube platform in Ukraine and the world

In the digital age, the development of platforms such as YouTube has changed the way content is consumed and shared. While this has opened up new opportunities for video creators, it has also raised concerns about copyright infringement.

As a popular video sharing platform, YouTube is a hub for a huge variety of content. From music videos and tutorials to documentaries and short films, creators upload their work to share with audiences around the world. However, it also exposes that content to potential copyright infringement.

It is important to understand the following key aspects of intellectual property:

• Ownership: Copyright is an automatic right granted to the original creators of the respective works. In the context of YouTube, this includes videos, music, images and other creative content.
• Exclusive Rights—Copyright owners have exclusive rights to reproduce, distribute, publicly perform, and display their works. These rights may be licensed or transferred to others only at the option of the right holder.
• Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes such as criticism, commentary, news, research, or education. It is important to understand the limits of fair use when evaluating potential cases of infringement.

Copyright protection on the YouTube platform

1. Copyright notices: It's important to include copyright notices on your YouTube content. This notice must include the © symbol or the word "Copyright", the year of publication and the name of the copyright holder. Although not a legal requirement, it acts as a deterrent against infringement and helps establish ownership.
2. Content Identification System: YouTube uses a sophisticated content identification system that automatically scans uploaded content to detect potential copyright infringement. This system allows copyright holders to submit claims and manage their content, request removal or prohibition of monetization through advertising of videos that infringe such rights.
3. Copyright notice and the Digital Copyright Act: YouTube operates under the US Digital Copyright Act (DMCA), which gives copyright owners the right to file takedown complaints. If a copyright owner discovers that their work is being used without permission, they can submit a takedown request under the Digital Copyright Act, and YouTube will remove such content.
4. Licensing and Monetization: Be sure to explore licensing options on YouTube. Through licensing agreements with other users or through platforms such as YouTube's content identification system, you can monetize your copyrighted content by granting permission to use it in exchange for royalties or other compensation.
5. International copyright protection: Although YouTube operates worldwide, copyright laws vary by country. As lawyers, we know and understand the ins and outs of international copyright agreements, such as the Berne Convention and the WIPO Copyright Treaty, and we also find legislation according to the infringer's jurisdiction to protect the client's rights.

Legal protection against copyright infringement

There are several available remedies for copyright infringement on YouTube:

• Claim to cease copyright infringement: Sending a formal claim to the infringing party can be the first step towards an amicable resolution. This document must describe the copyright infringement, request that the infringing content be removed, and indicate the possible legal consequences if the infringement continues.
• Digital Copyright Act Takedown Notices: Submitting a takedown notice to YouTube is an effective way to request the removal of infringing content. The notice must include the specific information set forth in the DMCA guidelines.
• Civil Actions: If the violation continues or causes significant harm, a civil action can be filed to obtain legal remedies. This may include seeking damages for copyright infringement and requesting an injunction to prevent further unauthorized use of copyrighted content.
• International cooperation: In cases involving cross-border violations, it is very important to cooperate with legal professionals in the relevant jurisdictions. This can include engaging local lawyers, using international treaties and conventions, and using platforms such as YouTube's Copyright Match Tool to address global infringement issues.

Being copyright lawyers, the law firm "Prykhodko and Partners" is always aware of the latest developments, both in Ukraine and abroad, in the field of intellectual property. By understanding the basics of copyright law, using YouTube tools and policies, and using appropriate legal remedies, we help our clients protect their creative works on YouTube, TikTok, Instagram in Ukraine and around the world.