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YouTube is a video sharing platform, and obviously does not contribute directly to digital piracy; it is a legal platform that respects copyrights. However, like many legal platforms, pirated content is uploaded and downloaded on YouTube. The music industry gets millions of dollars in revenue from YouTube every year, but the streaming platform also poses threats.

What, exactly, is the extent of this phenomenon? 

YouTube has implemented processes to detect and remove copyright infringing content, and works with rights holders to prevent illegal practices involving the platform. What are they?

The questionable legal status of stream-ripping

Stream-ripping tools, for instance, are considered the biggest piracy threat and music industry groups regularly ask YouTube to take action against these services.

Stream ripping is the process of extracting content from an audio or video stream and recording it. In some countries, such as France, this practice is even considered as private copy and therefore legal. The French Conseil d’Etat issued a new ruling in 2021 in this sense, confirming that in the absence of DRM and provided that the copy is hosted on a device belonging to the user, stream-ripping was authorized. 

Several other countries also associate stream-ripping with private copying and therefore have no legal tools to fight against this phenomenon.

Learn how to pirate youtube content... by watching a youtube video!

YouTube is full of tutorials and how-to videos on piracy. There are thousands of instructional videos and tips out there, and they have millions of views per week. They can teach you how to listen to music, watch movies, download software illegally. In the comment section,  there are often links allowing tool or content do be downloaded from external sites.

In 2021 YouTube did try to update its policy to ban videos that explain how to access paid streaming services for free. Indeed, “harmful and dangerous content” has been updated, and the platform now prohibits the following behavior: 

“Teaching viewers how to use apps, websites, or other information technology to gain unauthorized free access to audio content, audiovisual content, full-length video games, software, or streaming services that are normally paid for.”

But all you have to do is go to the site and do some research to see that it’s not very effective.

Removing illegal content on YouTube

As is often the case, the presence of these clauses in the terms of use is not enough; the platform does not actively search for the content, it just bans them, but by typing a few selected keywords in the search, it is easy to see how much these tutorials are still present.

Indeed, without the action of a right holder, the videos, although banned, remain online.

Indeed, if they find a video infringing their copyright, the rights holders can block the playback of the video in its entirety, or even run ads for free on the author’s channel, which generates revenue for them thanks to the views of the illegal channel. However, unless a piracy channel generates millions of views, these measures are rarely used and are not dissuasive. Again, most rights holders prefer either to do nothing at all, or to have the infringing content removed or blocked.

In its 2022 Transparency Report the streaming platform revealed that the vast majority of reported infringements were reported through the Content ID system. This system is used by a small number of rights holders – less than 5,000 according to the latest figures – but it is these requests that account for the vast majority of takedowns on the platform – nearly 757 million. However, access to Content ID is very limited – only users selected by YouTube can access it.

Outside of Content ID requests, “normal” rights holders can use standard DMCA web forms to report content. They represents only 1% of all reported content on YouTube. That said, the use of web forms has increased by more than 30 percent year over year.

Interestingly, manual requests are twice as likely to be challenged by the platform.

Check back in early May for the rest of our article! 

In the meantime, if you have content to protect – a movie, a series, a music album or a live event – please contact one of our account managers and we’ll be happy to help you, so you can regain control of your income.