Today, in a surprise move YouTube announced in a blog post that they would protect video creators who use copyrighted content in a manner protected by fair use and fair dealing doctrine by ignoring DMCA takedown notices.
If a takedown notice is filed on a video which YouTube deems fair use, YouTube will block it worldwide except the United States (which I presume is in place so that any potential court battles can only be fought in an American Court). They will also pledge $1 million to your defence if you have to go to court.
We are offering legal support to a handful of videos that we believe represent clear fair uses which have been subject to DMCA takedowns. With approval of the video creators, we’ll keep the videos live on YouTube in the U.S., feature them in the YouTube Copyright Center as strong examples of fair use, and cover the cost of any copyright lawsuits brought against them. (Google, 2015)
This new program will hopefully make copyright holders think twice before filing takedown notices.
Initially YouTube will protect 4 videos, including one from Jim Sterling – who has been constantly targeted by salty game developers who can’t handle the fact that their games are utter sod.
Jim made a video on the topic which you can watch below;
Hopefully this will protect other YouTubers including (but definitely not limited to) I Hate Everything, whose scathing review (reupload) of Cool Cat Saves The Kids was taken down by ‘Daddy’ Derek Savage because (in this video) Savage clearly has no clue what fair use is; or for that matter how the legal system works; despite claiming to have done legal courses. I’ll cover that in more detail in a later post.
In the mean time, be sure to check out YouTube’s updated fair use page (and Jim’s video above) for more information.