Downloading videos from YouTube is still a gray area in our part of the world. Three things matter: (1) what YouTube’s Terms of Service allow (the contract between you and the service), (2) what copyright law allows (e.g., a private copy), and (3) whether the video comes from a “lawful” source. Put simply: YouTube generally doesn’t allow downloading, except via official features (e.g., Premium, the “Download” button in the app) or by downloading your own videos. Our copyright law does include exceptions (e.g., private copy), but these don’t apply to content from an unlawful source. (YouTube, Court of Justice of the European Union, Legislation)
Is downloading from YouTube “prohibited”? (what YouTube’s own rules say)
YouTube’s Terms of Service explicitly state that you are not authorized to “access, reproduce, download… content” in any way other than the methods expressly permitted by the service (e.g., the “Download” button in the app, Premium), or with the consent of YouTube and the relevant rights holders, or where expressly permitted by law. In practice, this means that common “downloader” tools conflict with the TOS even if you use them “just for yourself.” (YouTube)
What Slovak copyright law allows
Slovak Copyright Act (185/2015 Coll.) recognizes the private copy exception, i.e., making a reproduction for the personal use of a natural person. However, this exception has limits and doesn’t apply to everything. The law also governs quotations, parody, and other limitations on exclusive rights. For details, look especially for provisions on “exceptions and limitations,” including Section 42 (private use). (Legislation)
The EU on private copies: not from an unlawful source
In the well-known ACI Adam (C-435/12) case, the CJEU confirmed that the private copy exception does not apply to reproductions made from an unlawful source. In other words: if the source is illegal, “private copy” doesn’t apply. This interpretation is applied across the EU. (Court of Justice of the European Union)
Common scenarios, with examples
- “I want to download someone else’s YouTube video using a downloader and watch it offline.”
Contrary to YouTube’s Terms; legal risks increase if you further share the copy or use it commercially. (YouTube) - “I want to download my own video from my channel.”
Legal and supported: in YouTube Studio you can download your own uploads (also via Google Takeout). (Google Support) - “The author gave me permission to download and use it.”
The rights holder’s consent trumps everything—ideally, have it in writing. - “The video is marked as Creative Commons.”
The license may allow use, but YouTube’s TOS still apply—if there’s no official “Download” on the page, downloading via unofficial tools is against the TOS. Consider requesting consent or obtaining the source file outside of YouTube. (YouTube) - “I want to watch offline officially through Premium.”
Yes—that’s exactly what the “Download” feature in the app is for for YouTube Premium members. (Google Support)
5 legal alternatives to “downloading from YouTube”
1) YouTube Premium (official offline in the app)
In the YouTube app, Premium members have access to the “Download” button—videos are saved for offline playback within the app (without violating the TOS). (Google Support)
2) Download your own videos via YouTube Studio
As the creator, you can download your uploads directly in YouTube Studio (Content → menu next to the video → Download). For a bulk export, use Google Takeout. (Google Support)
3) Ask the creator for permission or for the source file
Many creators are happy to provide the file for use (e.g., for a presentation, school, internal training). Agree on the license/email consent.
4) Use legal video libraries
Instead of “ripping” from YouTube, use stock video libraries with open licenses (e.g., Pexels Videos, Pixabay, Videvo) or Wikimedia Commons and the Internet Archive (public domain/CC).
5) Use the official embed instead of downloading
If you need a video on a website, the cleanest approach is to include it legally—share or embed it directly from YouTube (which respects both the TOS and the creator’s rights).
Tips for staying “on the right side”
- Verify the video source (the creator’s official channel/rights).
- If you need a file “outside YouTube,” ask for a license or the source file.
- For offline viewing of regular content, use Premium or Watch Later. (Google Support)
- When creating your own content, use quotation sensibly (short excerpts with attribution) or native embed; downloading and re-uploading someone else’s full video is a different league altogether.
Quick FAQ
Is “private copy” a universal permission to download?
No. The EU has explicitly rejected private copies from an unlawful source. And even with a lawful source, the contractual framework (TOS) still applies. (Court of Justice of the European Union, YouTube)
Can I use a video for school or non-commercially?
“Non-commercial” ≠ “automatically legal.” Check the license, quotation rules, and respect the TOS. For projects, it’s often best to ask the creator for permission.
Is “fair use” an argument here?
“Fair use” is a U.S. concept. Here, the relevant framework is quotation (Section 37), parody/pastiche, and other exceptions under Slovak law; they always have limits. (Legislation)
Video on the topic
How to download videos via YouTube Premium (official guide)
Copyright and tools on YouTube (platform explanation)
https://www.youtube.com/howyoutubeworks/copyright/
Conclusion
If it’s “just” about offline viewing, the safest route is YouTube Premium or the official “Download” button in the app. For your own videos, use YouTube Studio or Google Takeout. For websites and presentations, prefer embed or a requested license. If you need freely usable files outside YouTube, go for stock video libraries and public domain/CC archives. This article is for informational purposes and is not legal advice.
Sources
- YouTube – Terms of Service: https://www.youtube.com/static?template=terms
- CJEU – Press release on case C-435/12 (ACI Adam): https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140058en.pdf
- YouTube Help – Use your YouTube Premium benefits (offline downloads): https://support.google.com/youtube/answer/6308116
- Copyright Act 185/2015 Coll. (Slov-Lex): https://static.slov-lex.sk/static/SK/ZZ/2015/185/vyhlasene_znenie.html
Jana
I like turning curiosity into words, and writing articles is my way of capturing ideas before they slip away — and sharing them with anyone who feels like reading.
