Now, YouTube is taking the unusual step of financially supporting YouTube creators so they can fight back.
YouTube
said on Thursday that it would pick up the legal costs of a handful of
video creators that the company thinks are the targets of unfair
takedown demands. It said the creators it chose legally use third-party
content under “fair use” provisions carved out for commentary,
criticism, news and parody.
An
example of fair use is a segment by the TV host Stephen Colbert that
rebroadcasts cable news clips for the comedian to react to.
Constantine
Guiliotis, who goes by Dean and whose channel dedicated to debunking
sightings of unidentified flying objects has just over 1,000
subscribers, is one of the video makers YouTube will defend. Mr.
Guiliotis has received three takedown notices from copyright holders of
videos that he has found online and posted to his YouTube channel, U.F.O. Theater.
In
his videos, Mr. Guiliotis includes the videos he found but also
provides analysis and commentary, which YouTube argues is within the
guidelines of fair use rules. The site reposted the videos after its
review and told Mr. Guiliotis it would defend him against any future
legal action. Like the other creators YouTube has selected, Mr.
Guiliotis has not been sued for his videos.
“It was very gratifying to know a company cares about fair use and to single out someone like me,” Mr. Guiliotis said.
YouTube is starting small, initially supporting four video creators, but it said it may expand its program.
The
company said it wanted to protect free speech and educate users on fair
use. But its announcement is also is aimed at strengthening loyalty
with video creators. YouTube faces new competition from Facebook,
Twitter and traditional media companies that are trying to get consumers
to upload more content onto their platforms.
On
Wednesday, in a sign of how competitive the online video business has
become, YouTube named Neal Mohan its new head of product and design. Mr.
Mohan has been a top advertising executive at Google, which owns
YouTube.
“We
want, when we can, to have our users’ backs,” said Fred von Lohmann,
legal director for copyright at YouTube. “We believe even the small
number of videos we are able to protect will make a positive impact on
the entire YouTube ecosystem.”
Mr.
Lohmann said the number of legitimate videos affected by takedown
notices was small. And big entertainment companies are not always the
most aggressive in demanding that the videos be removed. But the problem
is growing, said Corynne McSherry, legal director at the Electronic Frontier Foundation, a digital rights group.
“It’s
become incredibly easy to take down legitimate content, and we need a
counterbalance to that situation, so we welcome YouTube’s announcement,”
Ms. McSherry said.
Last
spring, the Ohio Channel demanded that YouTube take down a video by the
local chapter of Naral Pro-Choice, an abortion rights group, that
contained video of a committee meeting. The clip of the meeting was part
of a bigger video meant as criticism of the behavior of some lawmakers.
The group is now one of the video creators that YouTube has vowed to
protect from copyright suits.
“We
aren’t a large organization,” said Kellie Copeland, executive director
of Naral Pro-Choice Ohio. “We just have six people here, so having
YouTube’s support allowed us to not be afraid and to stand our ground on
this situation.”
Correction: November 19, 2015
An earlier version of this article misidentified the organization that asked YouTube to take down a video posted by a local Naral Pro-Choice chapter. The Ohio Channel requested the removal, not the Ohio Legislature.
An earlier version of this article misidentified the organization that asked YouTube to take down a video posted by a local Naral Pro-Choice chapter. The Ohio Channel requested the removal, not the Ohio Legislature.
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