The risks of free content

Short answer: free content is safe when the license is real, you follow its rules and you can prove it. Most problems come from six things: fake uploads, missing credit, people or brands in the content, licenses that changed, Content ID and using the wrong license for the job. This guide shows how to avoid each one.

What can go wrong

Using content without permission is copyright infringement, even when it was an honest mistake. Possible results, from mild to serious:

• A Content ID claim: your video’s ad money goes to someone else, or the video is blocked in some countries.
• A takedown and a copyright strike on YouTube. Three active strikes can end your channel.
• A letter or invoice from the owner or an agency, asking you to pay for past use.
• In rare cases, a court case with damages and legal costs.

Risk 1: someone else’s work, uploaded as free

Anyone can upload a photo or song to a free site and claim it is theirs. Stock sites remove fakes when they find them, but not always fast. If the real owner shows up, the free license was never valid, because the uploader had no right to give it.

How to lower the risk:

• Prefer sources that check their uploads or that are run by the makers themselves.
• Be careful with famous-looking content from new accounts with few uploads.
• Do a reverse image search (Google Lens, TinEye) for photos you use in important projects.
• For music, prefer tracks straight from the artist’s own site or a well-known library.

Risk 2: breaking the license rules

A license is permission with conditions. If you break a condition, the permission stops and you are infringing. The most common breaches: no credit or incomplete credit under CC BY, using NC content in a monetized video, and putting ND music under a video. Creative Commons 4.0 licenses give you 30 days to fix a breach after you find out about it, and then your rights come back automatically. So fix mistakes quickly.

Risk 3: people, brands and artworks

A free photo license covers the photographer’s rights, not the rights of everything in the picture.

• People: in the Netherlands and many other countries, people have portrait rights. Using a recognizable person in an ad or on a product without a model release can get you into trouble, even when the photo itself is free. Also never place someone in a negative context, such as a photo of a random person next to a text about debts or illness.
• Brands and logos: a logo in a photo is protected by trademark law. Using it in a way that suggests a link with that brand is risky.
• Art and buildings: a painting, mural or statue in a photo can have its own copyright. Many countries allow photos of buildings and art that stand permanently in public places (freedom of panorama), but the rules differ. France, for example, is stricter than the Netherlands.

Risk 4: the license changed

Makers and websites can change their licenses. A Creative Commons license cannot be taken back for copies that people already got under it, but a new download may come with new rules. Unsplash and Pixabay both changed their license in the past. That is why it matters to save the license as it was on the day you downloaded something.

Risk 5: Content ID claims on free music

Some free tracks are registered in YouTube’s Content ID system, by the artist or by a distributor. Then your video gets a claim, even though you may use the track. Sometimes the claim is a mistake, sometimes it is part of the deal (“free, but the ad money goes to the artist”). On NonCopyrighted, every music source shows if claims happen. Read Claims, strikes and takedowns for what to do.

Risk 6: the right license for the wrong job

A license that is perfect for a hobby video can be wrong for a TV ad. Check if the license covers: commercial use, the platform (YouTube only? all platforms?), the type of use (ads, products, broadcast) and the region. Some licenses exclude certain uses, like logos, trademark registration or use in sensitive topics.

How to protect yourself: keep proof

If someone ever questions your use, proof solves most problems in minutes. For every piece of content, save:

1. The link to the page where you found it.
2. A screenshot or PDF of that page with the license, including the date.
3. The original file name, and if possible the download email or receipt.
4. The credit line you used.

A simple spreadsheet per project is enough. It takes a minute and can save you a lot of money.

You got a letter asking for money

1. Do not panic and do not pay right away. Some letters are real, some are not, and some ask for far too much.
2. Check who sent it and if they really own the rights.
3. Look up your proof: where did you get it, and under which license?
4. If you had a valid license and followed it, reply calmly with your proof.
5. If you made a mistake, remove the content and try to agree on a fair amount.
6. For large amounts, ask a lawyer who knows copyright law.