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What YouTubers Should Be Aware of Regarding TikTok's Terms of Use

Internet

What YouTubers Should Be Aware of Regarding TikTok's Terms of Use

Among YouTubers, there are those who utilize video sharing sites other than YouTube. In particular, there has been an increase in YouTubers posting videos on TikTok in recent times.
However, if you use TikTok with the same understanding as YouTube, you may encounter unexpected troubles.

In this article, we will introduce the terms of use of TikTok that YouTubers should be aware of.

What is TikTok?

TikTok is a video sharing platform provided by ByteDance, a company based in the People’s Republic of China. There are two versions of TikTok: the domestic Chinese version, known as ‘Douyin Short Video’, and the international version, ‘TikTok’. The Chinese version was launched in 2016, while the international version was launched in 2017. In Japan, the service began in 2017.

The Advantages of TikTok

Image of TikTok and video

With the proliferation of smartphones, viewers have more opportunities to watch videos on their devices.

Unlike computers, smartphones allow users to easily watch videos during their spare time. Therefore, TikTok, which focuses on short videos, can be said to be well-suited for smartphones compared to other video sharing platforms.

Furthermore, TikTok has features that allow for easy editing, modification, and processing of videos. This makes it easy to post short videos, a feature that sets it apart from other video sharing platforms.

In addition, TikTok’s video recommendation feature is excellent. It displays videos that match the viewer’s viewing trends, so viewers don’t have to search for videos themselves. This makes it easy for viewers to become engrossed in TikTok.

TikTok also provides support to make it easier for influencers to continue their activities, in order to build relationships with excellent influencers.

As the number of excellent influencers increases, higher quality videos will be posted on TikTok.

As described above, TikTok has unique features that set it apart from other video sharing platforms. These features are believed to have contributed to TikTok’s rapid growth.

User Demographics of TikTok

Young person filming a video

The user demographics of TikTok are primarily teenagers and people in their twenties.

On TikTok, due to the ease of posting videos, when a trend emerges, many viewers jump on the bandwagon and post their own videos, creating a phenomenon.

The reason why there are many teenagers and people in their twenties among TikTok’s user demographics is that if they don’t watch TikTok, they may be left behind in trends and unable to join in conversations with their friends. It is thought that trend-sensitive young people are watching to keep up with trends, which is fueling the trend.

Points to Note in TikTok’s Terms of Use

When YouTubers post videos on YouTube while also using TikTok, potential issues may arise due to TikTok’s terms of use.

In this article, we will introduce some of the provisions in TikTok’s terms of use that you should be particularly aware of.

About the Provisions on Copyright

When YouTubers use TikTok, they may consider using videos posted by others on TikTok for their YouTube video posts.

Especially on YouTube, a service called YouTube Shorts has been available since September 2020.

As the name suggests, YouTube Shorts is a feature for posting short videos on YouTube.

Previously, relatively long videos were posted on YouTube, but with the advent of YouTube Shorts, there are cases where YouTubers repost videos that went viral on TikTok to YouTube Shorts.

TikTok has the following provisions regarding copyright:

6. Intellectual Property Rights
We respect intellectual property rights. We ask our users to do the same. As a condition of accessing or using our services, you agree not to use our services to infringe intellectual property rights. We reserve the right to block access to any user account that is infringing or alleged to be infringing any copyright or other intellectual property rights, and to terminate the account, at our sole discretion, whether or not we give notice.

TikTok Terms of Use

In cases where YouTubers use videos posted by others on TikTok for their YouTube video posts, unauthorized use is generally considered to be a copyright infringement.

At the same time, it would also violate the above TikTok terms.

Violating the terms of use could result in the inability to use your TikTok account, so caution is needed when YouTubers use videos posted by others on TikTok.

About the Provisions on Genres of Videos that are Prohibited from Posting

On YouTube, the Community Guidelines prohibit the posting of content such as nudity and sexual content, harmful or dangerous content, violent and graphic content, content related to violent criminal organizations, hate speech content, harassment and cyberbullying content, and content related to the sale of illegal or regulated goods and services.

On TikTok as well, the terms of use specify content that is prohibited from posting.

Specifically, the following types of content are prohibited from posting:

  • Content related to violent and extreme acts
  • Content related to behavior driven by hate
  • Content related to illegal activities and regulated goods
  • Violent and graphic content
  • Content related to suicide, self-harm, and dangerous acts
  • Content related to harassment and bullying
  • Content related to adult nudity and sexual acts
  • Content that endangers the safety of minors
  • Content that undermines integrity and trust
  • Content that undermines the safety of the platform

In TikTok’s terms of use, as shown above, quite detailed content that is prohibited from posting is specified.

Therefore, when YouTubers post videos on TikTok, they need to carefully check whether the content of the video is problematic, just as when they post videos on YouTube.

About the Provisions on Age of Use

In order to create an account and use YouTube, you must be at least 13 years old.

TikTok also has the following provisions regarding age:

e. Age Restrictions
Our services are only available to those who are 13 years of age or older (additional restrictions may be imposed in certain jurisdictions). By using our services, you warrant that you are of the required age or older. If we find that someone under the age limit is using our services, we will terminate the user account.

TikTok Terms of Use

As you can see from the above, TikTok, like YouTube, does not allow you to create an account unless you are at least 13 years old.

Among YouTubers, there are those who post videos featuring people under the age of 13, such as their own children. However, just like on YouTube, people under the age of 13 cannot create an account on TikTok. Therefore, when featuring people under the age of 13 in videos on TikTok, it is necessary for their guardians or other people over the age of 13 to create the account, not the people under the age of 13 themselves.

Summary: Youtubers Should Taken Cautious Of Some TikTok Terms Of Use

A woman filming a video

In this article, we have discussed the TikTok terms of use that YouTubers should be aware of.

When comparing the terms of use of YouTube and TikTok, there are many overlapping areas. Therefore, if you are a YouTuber who complies with YouTube’s terms of use and posts videos, it is likely that you will not violate TikTok’s terms of use in many cases.

However, there are also many differences between the terms of use of YouTube and TikTok, and there may be differences in operation. Therefore, if you are a YouTuber and you are unsure whether you can post a video on TikTok, we recommend consulting with an expert who has specialized knowledge.

Introduction to Our Firm’s Measures

Monolith Law Office is a legal office with high expertise in both IT, particularly the Internet, and law. Nowadays, even among the increasingly popular YouTubers and VTubers, there are legal risks. Our firm also handles legal matters for YouTubers and VTubers. Please refer to the following article for more details.

practices/youtuberlaw
Managing Attorney: Toki Kawase

The Editor in Chief: Managing Attorney: Toki Kawase

An expert in IT-related legal affairs in Japan who established MONOLITH LAW OFFICE and serves as its managing attorney. Formerly an IT engineer, he has been involved in the management of IT companies. Served as legal counsel to more than 100 companies, ranging from top-tier organizations to seed-stage Startups.

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