Explained | Kunal Kamra hits out at T-Series over ’copyright strike’, are his ‘Super Thanks’ donations safe?

Hours after T-Series reportedly sent a copyright strike on the video by stand-up comedian Kunal Kamra, which he used as a reference to link Maharashtra Deputy CM Eknath Shinde as “gaddar” (traitor) in his latest YouTube video ‘Naya Bharat’, the comedian took to X and hit out at the music giant asking them to ‘stop being a stooge’.

Taking to X, Kunal Kamra wrote, “Hello @TSeries, stop being a stooge. Parody & Satire comes under fair use Legally. I haven’t used the lyrics or the original instrumental of the song. If you take this video down every cover song/dance video can be taken down. Creators please take a note of it (sic).”

Adding more, he wrote, “Having said that every monopoly in India is nothing short of the Mafia, so please watch/download this special before it’s taken down.”

According to the details, Kamra uploaded the 45-minute-long video on 23 March, which was allegedly blocked due to copyright strike.

Kamra had used songs from ‘Dil Toh Pagal Hai’ and other films in his satire on Shinde and other ruling party politicians.

Following the video was uploaded, outraged Shiv Sena workers stormed The Habitat studio in Mumbai, where the stand-up took place.

Even after being asked by Shiv Sena workers to apologise for his remarks, Kamra refused to do so, saying, “As far as I know, it is not against the law to poke fun at our leaders and the circus that is our political system.”

Later, reacting on the incident, Shinde said in Maharashtra assembly, “Freedom of speech is there, and we understand satire, but there should be a limit.”

What is copyright strike?

According to Google Support, a copyright strike on YouTube is a warning which states that a video violates copyright law and has been requested to be removed by the copyright owner. YouTube removes the video if the request is valid.

What does YouTube copyright strike polices say?

Under the ‘Super Thanks Policies’ by Google Support, it says, as quoted by News18, “Participating creators (and MCNs) must accept and comply with, YouTube Terms of Service; YouTube Community Guidelines; YouTube channel monetisation policies; all policies that apply to YouTube fan funding features, including the Commerce Product Module; and all applicable laws as required by YouTube’s Terms of Service. Money you get from Super Thanks may be treated differently based on laws that apply to you and your activities.”

Not only this, but the YouTube policies even state that Super Thanks isn’t a crowdfunding or donation tool. “You’re responsible for understanding and fully complying with all applicable laws,” the Google Support FAQs read.

Google, which owns YouTube, also states in its policies that ‘Super Thanks’ is not available for these types of long-form videos and Shorts:

a) Age-restricted and unlisted videos

b) Private or made for kids

c) Long-form videos or Shorts with content ID claims

d) Long-form videos or Shorts with YouTube giving fundraisers

e) Live streams or Premieres, while live

f) Long-form videos or Shorts with comments turned off.

Will Kunal Kamra lose his ‘Super Thanks’ donations?

Though being allegedly blocked due to a copyright strike, difficulties may arise for Kamra if takes down the video. According to experts, cited by News18, Super Thanks donations are withheld in these cases.

King Stubb & Kasiva, Advocates and Attorneys MD – Jidesh Kumar – noted to News18 that the donations are usually not refunded and may stay with YouTube if the video is permanently removed.

A content creator said that if one gets already paid for past Super Thanks before the strike, that money is safe. But the creator loses the money if the video gets deleted due to a copyright strike before your payment cycle ends.

So in this case, if Kamra has received the ‘Super Thanks’ before the copyright strike, his amount is safe. But the ‘Super Thanks donations’ remains uncertain if the amount came during the payment cycle of the strike.