What’s the deal with YouTube’s, Google’s terms on posting videos? Ask the lawyer

Q: For the past year, I have posted videos on YouTube talking about the stock market, wealth management and similar topics. I make a concerted effort not to be controversial and to remain politically neutral. Subscribers and viewers have been growing nicely, but Google now says I violated its terms and has terminated my account. This really hurts. Now what?

S.J., Newport Beach

A: Before specifically responding to your inquiry, note that Google has been the focus of an antitrust lawsuit, brought by the Department of Justice and various state attorneys general. A decision was made a few months ago by a United States District Court judge that found Google illegally monopolized the market for general search services and search text advertising. A separate trial will be held as to how to deal with Google’s alleged misconduct. Google has been clear that it will appeal, but I mention this because there is controversy about the company. There also is an enormous amount of content that is submitted to YouTube each day, so Google likely uses software and technology to vet content; as such, errors may occur in overseeing YouTube contributors.

As to your situation: When you started your YouTube posts, you no doubt agreed to Google’s terms and conditions. There are guidelines to be followed. Online is a brief video entitled “YouTube Rules of the Road,” which you can watch. I learned from this video that you often will get a warning if you violate terms and conditions, and thus one strike; if you get up to three strikes over time, your account will be terminated. I did not hear that your account would be terminated outright, but research indicates your account can be terminated for: (a) repeated violations, (b) a single instance of “severe abuse” (such as predatory behavior, pornography, etc.) or (c) dedication to a policy violation such as hate speech or impersonation. There is a process, however, to appeal, which you can find online. And please see the link set forth at the end of this column.

You do not indicate the reason(s) for your account termination. I trust you were given an explanation. If it is an alleged copyright violation, your video will be taken down, but that alone should not result in terminating your account, since it appears you get up to three strikes. You also may have to go to “copyright school” by watching a video so you avoid such violations going forward. Bottom line, whatever the reason is for termination, you can pursue an appeal.

If your appeal is unsuccessful, consider consultation with qualified counsel. It is possible that the account termination is wrongful and gives rise to actual, provable damages, since you indicate the channel was getting subscribers and viewers. That said, there also are other channels to consider for posting your videos.

Q: I want to use a song with my YouTube video. Do I need permission to do so?

G.C., Burbank

A: If the music is subject to a valid copyright, the holder could make a claim against the video, which may well result in the video being taken down, or the audio portion, which includes the music being removed. Some copyright holders are more aggressive and could claim monetary harm.

YouTube Studio (online) has what is referred to as “an extensive list of popular commercial songs from well-known artists that you can use under certain circumstances.” The YouTube Studio also has a free music and sound effects section. In addition, it is possible in some instances that you can use music so long as you include a certain disclaimer. Another option is to reach out to the copyright holder to seek permission to use the content.

YouTube account termination

This online link may be informative on YouTube account termination: support.google.com/legal/answer/2802168?hl=en.

Ron Sokol has been a practicing attorney for over 40 years, and has also served many times as a judge pro tem, mediator, and arbitrator.  It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.