A Lawyer Explains Cases That Are Likely to Violate the 'Japanese YouTube Terms of Service'

YouTube, a platform where anyone around the world can easily upload videos, offers a variety of genres. In addition to its terms of service, YouTube has various rules.

In this article, we will explain the important rules that one should generally be aware of when publishing videos on YouTube, focusing mainly on the YouTube Terms of Service.

YouTube Terms of Use to Check

Three Rules to Follow on YouTube

When publishing videos on YouTube, the following three rules, including the terms of use, apply:

• Terms of Use
• Community Guidelines
• Various Policies, etc.

If you do not understand all three of these rules, you cannot accurately determine whether your actions on YouTube, such as posting videos, are problematic under the rules.

For example, an action that seems acceptable under the terms of use may be prohibited by the community guidelines.

Among these three, the terms of use state that if you violate the community guidelines or various policies, the videos you post or your account may be deleted.

Also, the community guidelines and various policies play a role in comprehensively regulating detailed matters not stipulated in the terms of use.

Therefore, even if it is not illegal under the law, if you violate the terms of use, community guidelines, or various policies, your video may be deleted. So, you need to be careful when posting.

In the following, we will explain the specific rules stipulated in the terms of use.

YouTube Users

You must be at least 13 years old to use YouTube. However, if enabled by a parent or guardian, YouTube and YouTube Kids can be used at any age.

Parents or guardians of users become subject to the contract provisions and are responsible for their child’s actions on YouTube by allowing their child to use YouTube.

Also, if you use YouTube as a company or organization, you are considered to have the authority to act on behalf of the company or organization and that the company or organization agrees to this contract.

Using YouTube

On YouTube, by registering with a Google account, you can post videos and rate other videos.

However, several actions are prohibited under the terms of use regarding the use of YouTube. Below are some of the prohibited actions.

・Using this service to deliver advertising or commercial content that ignores user intentions, or to unilaterally or massively solicit.

・Distorting the original user engagement measurement results or instigating such distortion. For example, paying users money or giving incentives to increase the number of video views, likes, dislikes, increase channel subscribers, or manipulate metrics in any other way.

・Abusing the process of reporting, flagging, claiming, objecting, or requesting a review. This includes groundless, abusive, or harassing applications.

・Using this service to view content for purposes other than personal, non-commercial use (for example, you cannot screen this service’s videos or stream music for an unspecified or large number of people).

Terms of Use (youtube.com)

What you need to be particularly careful about is the prohibition of “distorting the original user engagement measurement results”.

When you first start a YouTube channel, it can be challenging to increase channel subscribers.

However, actions such as paying money to increase channel subscribers are explicitly prohibited in the terms of use, so caution is necessary.

In addition, false violation reports and screening YouTube posted videos to an unspecified number of people are also prohibited.

Cases Likely to Violate YouTube’s Terms of Service

Here, we will explain in detail the cases that require particular attention when using or posting YouTube videos.

Case 1: Embedded Videos

Embedding YouTube videos on blogs and other sites is a common practice. YouTube does not prohibit the embedding of videos as a general rule.

As long as you comply with this agreement and applicable laws, you can access and use this service. You can watch content for personal, non-commercial purposes. You can also display YouTube videos on an embedded YouTube player.

Terms of Service (youtube.com)[jn]

However, sites that simply embed a large number of YouTube videos without any articles and aim solely to earn advertising revenue are prohibited under the terms of service.

Cases where commercial use of the YouTube website is prohibited and permitted

YouTube has updated its terms of service to clarify what is allowed as a way to use the website and the YouTube embedded player. Posting YouTube videos on a blog from time to time and adding comments or showing favorite videos to readers is not a problem, even if the blog contains general advertising, YouTube does not prohibit this. However, websites that simply embed a large number of YouTube videos and aim solely to earn advertising revenue are considered to be in violation of the terms of service.

Cases where commercial use of the YouTube website is prohibited and permitted – YouTube Help (google.com)

As for the relationship with the copyright of videos created by others, the principle is that simply embedding a video by pasting a link, which is not a copyrighted work, does not constitute copyright infringement.

Case 2: Selling Access Rights

Actions such as making YouTube videos private and allowing only paid members to view them are prohibited as acts of selling access rights.

Although it is not clearly stated in the currently published terms of service, the terms of service published on May 25, 2018 (Heisei 30) explicitly prohibited the sale of access rights.

You agree not to use this service for the commercial purposes listed below without YouTube’s prior written consent.

・Selling access to this service

Terms of Service (youtube.com)[jn]

Currently, there are many cases of selling access rights, but it is necessary to be careful as it may be regulated as a violation of the terms of service.

Case 3: Posting Videos that Violate Guidelines

The terms of service prohibit the posting of videos that violate the “Community Guidelines” and various policies.

Therefore, for example, posting violent videos, sexual content, and other sensitive videos will violate the terms of service.

Also, if you use music or images copyrighted by others without permission in the videos you post, you will be violating the Copyright Act and the “Rules on Copyright“.

You need to make sure that the content of the videos you post does not fall under these prohibitions and does not infringe on copyrights.

On Granting Licenses to YouTube

Users retain ownership of the videos they post on YouTube.

However, by posting a video, you grant a license to YouTube.

This allows YouTube to copy, distribute, and create derivatives of the posted video without obtaining individual consent from the user.

In addition, a certain license is also granted to other users.

As a result, other users can access the video through YouTube and copy or distribute it in ways only possible through YouTube’s features, such as playing and embedding the video.

These licenses will continue to exist for a commercially reasonable period even after the user has deleted the video they posted on YouTube.

What Happens If You Violate YouTube’s Terms of Service

If you violate YouTube’s terms of service, there is a possibility that your videos may be removed by YouTube.

Furthermore, if the violation is severe or repeated, your account may be suspended or terminated.

If the content of the videos you post is spam or violent, or violates the community guidelines or any associated policies, YouTube will issue a “violation warning” in stages, and various restrictions may be imposed.

For a basic understanding of the process, please refer to YouTube Help’s “Basics of YouTube Community Guidelines Strike“.

When YouTube suspends or terminates an account, they will generally notify the account holder of the reason for the action.

Summary: Consult a Lawyer for Legal Issues on YouTube

On YouTube, users can freely publish videos according to their creativity and have them viewed by a variety of people.

However, when posting or using YouTube videos, it is necessary to comply with the terms of use, community guidelines, and various policies.

Also, care must be taken to ensure that the videos being posted do not infringe on copyrights and are legal in content.

If you need to make individual judgments about the specific content of a video or how to use it, please consult a specialist lawyer.

Our Firm’s Approach

Monolith Law Office is a legal practice with high expertise in both IT, particularly the internet, and law. In recent years, we have handled many advisory cases for YouTubers and Virtual Youtubers, who are gaining popularity online.

As channel operations and contract-related matters increase, so does the need for legal checks. Our firm’s attorneys, who possess specialized knowledge, are in charge of these measures.