copyright youtube
Is it legal to upload a non-monetized movie to YouTube?
<p>My friend says that as long as you don't monetize/gain profit from the video, it is legal to upload it, but if the owner asks you to remove - you have to remove it. My stance on this is that whether the video is monetized or not, it is illegal to upload movies on YouTube and you could be prosecuted by law.</p>

<p>Who is correct - me or my friend?</p>

<p>Everything you need to know about uploading to YouTube and copyright law is in their <a href="https://www.youtube.com/static?template=terms" rel="nofollow noreferrer">Terms of Service</a>, particularly the section of Copyright: <a href="https://support.google.com/youtube/topic/2676339?hl=en&amp;ref_topic=6151248" rel="nofollow noreferrer">Copyright and rights management - YouTube Help</a> and in the <a href="https://support.google.com/youtube/answer/2797449?hl=en&amp;ref_topic=2778546" rel="nofollow noreferrer">Frequently asked copyright questions - YouTube Help</a>.</p>

<p>It is simply illegal to upload movies for which you don't have copyright or a license to distribute. Monetization doesn't have anything to do with copyright itself.</p>

<p>Also read <a href="https://law.meta.stackexchange.com/questions/541/i-have-a-question-about-copyright-what-should-i-read-before-i-ask-it">I have a question about copyright. What should I read before I ask it? - Law Meta Stack Exchange</a></p>

<p><em>Caveat: some laws in other countries could supersede US laws.</em></p>

<p>It is likely an infringement of copyright whether or not you monetize, unless it falls under <a href="https://www.law.cornell.edu/uscode/text/17/107" rel="nofollow noreferrer">fair use</a>.  Simply responding to the <a href="https://www.law.cornell.edu/uscode/text/17/512" rel="nofollow noreferrer">DMCA notice</a> by taking down the video will NOT protect you from a lawsuit (the DMCA limits YouTube's liability, not yours), although it might limit the damages because your video won't be up as long.  (But <a href="https://www.law.cornell.edu/uscode/text/17/504" rel="nofollow noreferrer">statutory damages</a> are still possible, and they can run up to $150,000 for willful infringement.)</p>

<p>But there's not just civil liability to worry about.  Copyright infringement can be a crime.  According to <a href="https://www.law.cornell.edu/uscode/text/17/506" rel="nofollow noreferrer">17 U.S. Code § 506 - Criminal offenses</a>:</p>

<blockquote>
  <p>Any person who willfully infringes a copyright shall be punished as
  provided under section 2319 of title 18, if the infringement was
  committed—<br>
  (A) for purposes of commercial advantage or private
  financial gain;<br>
  (B) by the reproduction or distribution, including by
  electronic means, during any 180–day period, of 1 or more copies or
  phonorecords of 1 or more copyrighted works, which have a total retail
  value of more than $1,000; or<br>
  (C) by the distribution of a work being
  prepared for commercial distribution, by making it available on a
  computer network accessible to members of the public, if such person
  knew or should have known that the work was intended for commercial
  distribution.</p>
</blockquote>

<p>According to <a href="https://www.law.cornell.edu/uscode/text/18/2319" rel="nofollow noreferrer">18 U.S. Code 2319</a>, the maximum punishment for violating the above is between 1 and 10 years, depending on various details.</p>

<p>So, if you consider civil copyright infringement to be "illegal", you are most likely correct.  However, if you're only concerned about criminal charges, then your friend is also correct - monetizing could make it criminal.</p>
