ScanMyTerms

YouTube Terms of Service: Five Clauses Creators Should Read First

This page is general information, not legal advice.

The YouTube Terms of Service apply to everyone who watches, comments or uploads. This page reviews the version dated December 15, 2023. It focuses on five clauses that shift cost or risk onto creators. For each one you get the exact wording, why it matters, and what to ask for instead. Individual creators can rarely negotiate YouTube's standard terms, so treat this as a checklist. It can also help when you compare sponsor or network contracts.

1. The license you grant YouTube

By providing Content to the Service, you grant to YouTube a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and YouTube’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service. ... The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service.

Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29.

Why it works against you

You keep ownership, but the license is broad. YouTube can sublicense and transfer it, and it covers derivative works. It also extends beyond the Service itself to YouTube's "business," including the business of its Affiliates and successors. The license doesn't end the day you delete a video. It runs for "a commercially reasonable period of time," and the terms don't say how long that is. YouTube may also keep server copies of removed videos. See perpetual content licenses explained.

What to ask for instead

Sample wording to propose: "The license is limited to operating and promoting the Service and ends within 30 days after the creator deletes the Content, except for copies retained for legal compliance, which will not be displayed or distributed."

2. Right to monetize, with no right to payment

You grant to YouTube the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments.

Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29.

Why it works against you

YouTube may run ads on your videos or charge viewers for access. The base Terms give you nothing in return. Any revenue share has to come from a separate agreement, such as the YouTube Partner Program. Those payments are treated as royalties, and Google may withhold taxes where the law requires it. If you aren't in the program, or you lose eligibility, your videos can still earn money for YouTube.

What to ask for instead

Sample wording to propose: "Where YouTube displays ads on or charges for access to a creator's Content, the creator will receive a disclosed share of the resulting revenue, whether or not they are enrolled in a separate program."

3. Content removal and account termination

If any of your Content (1) is in breach of this Agreement or (2) may cause harm to YouTube, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. ... YouTube reserves the right to suspend or terminate your Google account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; ... or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, YouTube or our Affiliates.

Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29.

Why it works against you

"May cause harm" and "could create" are low bars, and YouTube applies them itself. Termination reaches your whole Google account, not just your channel. YouTube says it will give a reason, but there are exceptions, such as when a reason might compromise an investigation. You can appeal, but the terms don't promise a cure period before termination. For a creator whose income depends on a channel, this is the biggest risk in the document.

What to ask for instead

Sample wording to propose: "Except where the law requires immediate action, YouTube will give the creator written notice of the alleged breach and 14 days to cure it before suspending or terminating the channel, and termination will not extend to unrelated Google services."

4. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless YouTube, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; ... (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.

Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29.

Why it works against you

If someone sues YouTube over your video, you may have to pay YouTube's legal costs as well as any damages. Trigger (i) is simply your "use of and access to the Service," which is very wide. The indemnity has no cap, and it survives after you leave. Ask a qualified lawyer how this applies where you live. See indemnification clauses explained.

What to ask for instead

Sample wording to propose: "The creator will indemnify YouTube only for third-party claims finally determined to arise from the creator's breach of this Agreement or infringement by the creator's Content, up to the revenue YouTube paid the creator in the prior 12 months."

5. Changes to the terms

If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.

Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29.

Why it works against you

"Reasonable advance notice" has no fixed length, and launching a new product or feature is an exception. If you object, the only option is to take your content down and leave. For an established channel, that isn't a realistic choice. The Agreement also includes the Community Guidelines and other policies, which "may be updated from time to time."

What to ask for instead

Sample wording to propose: "YouTube will give at least 30 days' notice of material changes. Creators who object may export their Content and analytics, and changes will not apply retroactively to Content uploaded before the effective date."

Also worth a look

YouTube's total liability is limited to "THE GREATER OF: (A) THE AMOUNT OF REVENUE THAT YOUTUBE HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO YOUTUBE, OF THE CLAIM; AND (B) USD $500" (Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29). See limitation of liability clauses explained. Claims must also start "WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES" (Source: https://www.youtube.com/static?template=terms&hl=en&gl=US, retrieved 2026-10-29). Unlike many platforms, the quoted terms send disputes to the courts of Santa Clara County, California, not arbitration. Compare mandatory arbitration clauses explained and TikTok Terms of Service explained. If you sign sponsor deals, also read influencer brand deal contract red flags.

Scan your own document free

Terms change, and Partner Program or network agreements add their own clauses. Paste your Terms of Service or contract into the ScanMyTerms Terms of Service checker. In about a minute it flags clauses that work against you, with the exact wording and what to ask for instead. The free preview shows the risk count and the first two findings, and the full report is a one-time $5 per document.

This page is general information, not legal advice.

Sources