Q: Youtube updated their TOS in November 2020 to include rights to monetise copyrighted content, without paying? Legal?
The Youtube TOS for the USA was updated on the 18th of November 2020, to state that Youtube has the right to monetise the videos on any channel, should they see fit, and, if the owner of said content is not a partner, Youtube is not required to pay them. The terms also state that the creator retains all copyright, and is only licensing Youtube to use said content. Can Youtube, legally, not pay anything, for my Copyrighted works?
A: This is not legal advice and is general information only. When you sign up to use a website, usually there are terms of service you agree to when you click on the "I agree" button. Some call this "clickwrap license." If you want to use the service (in this case YouTube and upload videos), you have to agree to be bound by the terms of service. If they were to implement a policy that they can monetize your videos (without paying you), that would be something you would need to decide if you want to comply with or not. For me personally, I have agreed to their terms, but I am able to monetize my videos, and they get a cut for their providing of the platform, security, and other services. So, in short, read your licensing agreements closely, if you agree, most courts would uphold this barring some unconscionable terms. If the terms are not agreeable, there are other platforms you can look into. Good luck!! Attorney Steve®
A: As Steve stated, once you agree to the terms, you are typically bound by what they say. However, I would not be surprised if we see some legal challenges in the new year. It is hard to say whether or not they will succeed because this is the first time something like this has happened on such a large scale.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
