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YouTube is known to be one of the best places for people to create and share unique content with a range of audiences. From gaming and lifestyle vlogs to professional advice and business ideas, the platform provides exciting opportunities for creators to launch their careers and even build thriving businesses.
However, like any other platform, creators need to understand the legal side of things. For instance, when you craft a video for YouTube, it’s essential to ensure that the music you’re using is copyright‐free or that you have proper permission to use copyrighted material – and that you’re not inadvertently misusing someone else’s brand name.
Let’s quickly go over some general legals to keep in mind when managing your YouTube content in 2025.
Copyright Infringement
If you create content on YouTube or any other digital platform, then copyright infringement is a term that should be very familiar to you.
Creators invest considerable time and effort into their work, so you wouldn’t want someone using or stealing it without your permission – or a proper licence, which is another option you might want to consider. All of these issues come under the umbrella of Intellectual Property.
It’s important to understand your obligations around copyright in Australia. Generally speaking, you don’t need to register copyright in Australia, as any original work you create is automatically protected under the Copyright Act. As of 2025, while this remains true, it is also wise to stay updated on any legislative changes that may affect digital content.
This automatic protection is great news for creators, but it also increases the risk of accidentally using someone else’s content. To avoid unintentional infringements, always double-check elements such as:
- The music or sound effects you use
- Images and video clips incorporated in your project
- Any brand names or logos that appear in your content
Can I Get A Licence To Use Someone Else’s IP?
In some cases, you may be able to use another person’s IP under a licence. Essentially, this means you have obtained permission to use their work for your content, subject to their specified terms.
This is where an IP Licence Agreement might come in handy, safeguarding both parties’ rights.
| Example Let’s say you run a YouTube channel where you perform singing covers of pop songs. You need to include an instrumental version of the original soundtrack in your video. You contact a professional producer who has crafted the ideal instrumental track for your piece and ask if you can use it. She agrees, provided you explicitly mention in the video and description that the soundtrack is her creation, along with tagging her YouTube channel – these conditions form part of her licence terms. This arrangement is a clear example of using someone else’s IP under a licence. |
Put simply, if you use someone else’s IP without obtaining permission, it is copyright infringement – a breach that is enforced quite strictly under YouTube’s Copyright Policy.
Fair Use Protection Program
When creating content on YouTube, you should also familiarise yourself with their Fair Use Policy. Essentially, this policy allows you to use copyrighted material without explicit permission if your use is primarily for:
- Research purposes
- Reviewing content
- Satire or parody
- Making content accessible for disabled viewers
- Providing professional legal advice
This is more specifically known as fair dealing under the Copyright Act 1968 (Cth).
Privacy
Privacy is an important consideration for all content creators. As a YouTube creator, you may need to be mindful of whether you’re filming on private property or in public spaces.
If you’re filming on private property, you must obtain consent from the property owner, as failing to do so could result in a breach of privacy laws enforced under the Crimes Act 1900 (NSW).
Another example is accidentally capturing a car’s number plate in your video. This could breach privacy laws, so you should either:
- Obtain permission to include the number plate, or
- Edit out that part of the video entirely
We’ve written more about privacy in our article on 13 Australian Privacy Principles.
Defamation
Content creators often comment on current events or public figures. However, caution is needed as your commentary could cross the line into defamation.
Defamation occurs when your content causes damage to someone’s reputation, such as by leading to them being shunned, avoided, or subjected to hatred, contempt, or ridicule by the public.
Misleading and Deceptive Conduct
When selling a product or service on YouTube, it’s crucial to be aware of section 18 of the Australian Consumer Law. This section prohibits any conduct likely to mislead or deceive customers or viewers regarding a product or service. For further guidance, you can read our article on How Can Your Business Avoid Misleading or Deceptive Conduct.
Sponsorships on YouTube are very common, and section 18 applies here too. When advertising a product or service, it is essential to be transparent and honest about the terms of your sponsorship or arrangement.
For example, if you’re reviewing a product as part of a sponsorship deal, you must clearly disclose any arrangements so that your viewers are not misled about your impartiality.
Trade Marks
When creating content, protecting your intellectual property is key. Many creators choose to trademark their brand to ensure that others do not misuse or replicate their logo or brand name.
Once registered, your trade mark can be enforced under the Trade Marks Act 1995 (Cth). However, it can sometimes be challenging to know if you’ve infringed someone else’s trade mark. For example, using a logo that is substantially identical with, or deceptively similar to, a registered trade mark can be deemed infringement.
For further insights into safeguarding your brand, do check out our article on Trade Marks: What and Why.
How Do YouTube Trade Marks Work Internationally?
YouTube is a global platform, so you might ask, “If I register a trade mark in Australia, does this protect my intellectual property internationally?”
The short answer is no. To secure your brand abroad, you’ll need to register a trade mark through the World Intellectual Property Organisation (WIPO). Registering your trade mark internationally can be complex since each country has its own rules, so it’s a good idea to consider an International Trade Mark Consultation with an IP lawyer.
We’ve written more about trade marks here.
How Does Copyright Work On YouTube?
In Australia, any original work you create is automatically protected by copyright, as long as it is recorded in some form. For YouTube creators, this means that every video you produce and upload is covered by copyright law – provided it is your own creation.
Can I Use Music On YouTube?
Generally, you can use music or sound clips on YouTube if you have obtained permission from the owner. This process is similar to using any other form of intellectual property, such as images or video clips.
If you don’t have permission and the music isn’t copyright free, its use will count as infringement – an outcome you definitely want to avoid.
What If Someone Is Stealing My Content?
If you suspect that someone is using or stealing your content without permission, it’s crucial to act promptly. YouTube provides a clear process for handling copyright infringements. You should:
- Request that the infringing content be removed using YouTube’s Digital Millennium Copyright Act webform.
- If necessary, follow up by issuing a cease and desist letter.
You can also use YouTube’s Copyright Match Tool to identify if your content has been re-uploaded elsewhere.
Are You Using Someone Else’s Content?
It’s common for creators to incorporate other people’s content-whether that be background music, images, or short video clips-into their own creations. This is perfectly acceptable if you have the necessary permissions. However, if you use content without the owner’s consent, they may take legal action against you.
There are limited circumstances where you can use other people’s content without permission, but these conditions are very strict, so ensure you review them carefully.
How Is Copyright Enforced?
YouTube has set out a clear process for enforcing copyright on its platform. Once a copyright claim is approved, the video in question will be removed and a copyright strike issued to the channel. If a channel accumulates three strikes within 90 days, it will be terminated. For more details, refer to YouTube’s explanation of their copyright enforcement process.
What YouTube Policies Should I Be Aware Of?
We’ve covered the crucial areas of safeguarding your intellectual property, but there are other policies to consider when uploading content to YouTube.
YouTube maintains a Harassment and Cyberbullying Policy that clearly prohibits name-calling, malicious insults, or any form of online harassment. Violating these policies can lead to content removal or even account termination.
Need Help?
YouTube is a fantastic way to share your unique content, but it comes with significant responsibilities regarding intellectual property protection and compliance with legal regulations.
Before you get started, make sure you review YouTube’s policies and keep up to date with international laws that may affect your content. It’s always a smart move to seek advice from an experienced IP lawyer to ensure you’re taking the correct legal steps.
You can reach out to us at team@sprintlaw.com.au or call us on 1800 730 617 for an obligation-free chat.
As 2025 unfolds and digital media laws continue to evolve, it’s vital to stay current with YouTube’s updated policies and wider regulatory changes in Australia. For more detailed advice on protecting your creative work, check out our comprehensive guides on Intellectual Property and Online Business Privacy. Our team is here to support you and ensure your content remains compliant in this fast-changing digital landscape.
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