Summary: YouTube will be providing up to $1 million for videos they deem are subject to “fair use” guidelines that copyright owners are not considering as they jump to DMCA.
For video creators that match certain criteria, YouTube announced they will provide compensation up to $1 million for legal costs if the takedown of a video results in a lawsuit for copyright infringement. YouTube declares that the videos in these cases should be classified as “fair use.”
- See A Case of Fair Use: YouTube Videos on Trial for more information.
The Digital Millennium Copyright Act, or DMCA has been be abused for some time by copyright holders that use the law to remove videos that otherwise fall under the protection of “fair use.” The intention of the law is to crackdown on Internet piracy, but it has drifted to be more focused on blocking free expression, innovation, competition, creativity, and other matters.
Videos must be “clear fair uses which have been subject to DMCA takedowns” in order to qualify for support from YouTube. YouTube will also keep the videos up until such a time that lawsuits are finalized. With the advancement of technology, videos that are deemed to have broken DMCA rules are taken down through an automated process don’t allow the targeted videos the right to fair review.
YouTube’s Copyright Legal Director Fred von Lohmann stated, “We’re doing this because we recognize that creators can be intimidated by the DMCA’s counter notification process, and the potential for litigation that comes with it. In addition to protecting the individual creator, this program could, over time, create a ‘demo reel’ that will help the YouTube community and copyright owners alike better understand what fair use looks like online and develop best practices as a community.”
YouTube will select which videos qualify and hold the best chance of success in court. They will also continue to resist unsupported DMCA takedowns even though they can only offer legal support to a few videos.
Photo: variety.com