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No, such a “disclaimer” accomplishes nothing.

People who add that to their infringing videos are basically admitting they know it’s probably a violation but are too lazy to do the work to find out whose rights they’re violating and get permission or pay royalties to use it, nor did they take the time to do their own creative work instead.

Ignorance of the law does not remove accountability nor the consequences for violating it. Plus, this wouldn’t work in any other area of life: You can’t walk into a mall or retail shop and take whatever you want wearing a shirt that says, “no stealing intended” to escape responsibility (and the store’s security manager and police would laugh at that shallow attempt to disclaim liability). Nor does it make any sense to speed past a cop with a sign posted in your window that says, “No speeding intended.” Like both of those scenarios, it’s a violation whether you “intended” it or not. This isn’t rocket science, either. It’s simple: If it doesn’t belong to you, you can’t use it without the owner’s permission.

Although they may be trying to disclaim liability for willful infringement, I would argue that it accomplishes the exact opposite: It proves that they KNOW it isn’t their own creative work and is most likely subject to copyright and are even fully aware of that risk, yet they still chose to use the material anyway even when they knew it might violate someone’s copyright.

If it were MY creative work someone was infringing, I would use that "no copyright infringement intended" statement as proof positive that they’re (1) aware that it belongs to somebody else and (2) used it intentionally knowing it wasn’t theirs, so they’re fully responsible (therefore I would seek full reparation for damages for that infringement).

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Disclaimer:

I am well-read in copyright, “fair use,” and other related aspects of digital media and known for my professional expertise in those areas, but I am not a lawyer and my responses here should not be considered legal advice. If you have a specific situation with legal implications, you should consult a qualified attorney.

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