YouTube takes step toward protecting creators from copyright claims

 By 
Saba Hamedy
 on 
Original image replaced with Mashable logo
Original image has been replaced. Credit: Mashable

YouTube is stepping in to protect fair use by some of its creators, pledging financial and legal resources to help them combat unwarranted copyright claims and takedown notices.

The Google-owned video giant said in a blog post Thursday that it "will now protect some of the best examples of fair use on YouTube by agreeing to defend them in court if necessary."

The news, welcomed by many YouTube users, comes after years of complaints from the creator community over what some deem YouTube's "disastrous" copyright system.

Under the Digital Millennium Copyright Act (DMCA), YouTube isn't responsible for the copyright violations of its users, as long as the company removes that content when notified by the rights holders. YouTube has its own content detection system known as Content ID which allows rights holders to identify content that is comprised partially or entirely of their content.

"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," wrote Fred von Lohmann, YouTube's copyright legal director, in the post. "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."

Following the announcement, many platform users commended YouTube's efforts on social media.

Half of my youtube videos are fraudulently copyright claimed. This is a step in the right direction. https://t.co/PNsRJ0KWnJ— Jacob Rich (@thejacobrich) November 19, 2015

It's cool that YouTube is doing that. I think that's hopefully the first step towards a larger change in their garbage copyright system.— MattP (@TheGeniusArcana) November 19, 2015

Hey! Youtube is fixing the fair use for there copyright claiming. Better late than never, now let's see how good it is.— Stray Wolf (@CloudyEmpyre) November 19, 2015

YouTube is supposedly going to help protect fair use on the site by improving their copyright system. https://t.co/a1ezJ35rY8— Jimmy Whetzel (@JimmyWhetzel) November 19, 2015

Still, others say it's only the first step. YouTube didn't disclose how much money will be put toward helping creators fight legal battles, nor did it specify what videos qualify.

Von Lohman linked to a page of “some of the best examples of fair use on YouTube," which included mostly commentary, criticism, news and parody clips.

The four he listed include a clip from progressive news video bloggers The Young Turks, a Secular Talk’s video criticizing Mike Huckabee, "Buffy vs Edward: Twilight Remixed -- [original version]," "No Offense," uploaded by the National Organization for Marriage and "Political Payoffs And Middle Class Layoffs," an ad created for Mitt Romney’s presidential campaign.

YouTube said though it can’t offer legal protection to every video creator, the platform will "continue to resist legally unsupported DMCA takedowns as part of our normal processes."

"We believe even the small number of videos we are able to protect will make a positive impact on the entire YouTube ecosystem, ensuring YouTube remains a place where creativity and expression can be rewarded."

Staff writer Christina Warren contributed to this report.

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