Today YouTube announced a new program to help its users stand up to bogus copyright threats from content bullies. Under the program YouTube will offer select users, with strong fair use cases, who have a video taken down under the DMCA two options:

• Option 1: Users can follow the current process of filing a counter notice and have the video put back up worldwide in 10-14 days as required by law.
• Option 2:  Under the new option, users will be able to keep the video up in the US. Google will also provide a vetted list seasoned copyright litigators and up to one million dollars to help with legal fees if they are sued.

While we wish the program didn’t make users choose between keeping the video up worldwide or just in the US, we understand that much of it is a result of the messy state of international copyright law. And we hope that as the program iterates it will be able to expand its scope and hopefully make some great case law reinforcing the legal consequences of sending a bogus takedown in the process. We also like the idea of having a "demo reel" of fair use examples to help YouTubers learn about fair use. You can see the first class of videos YouTube has selected for their fair use program over on YouTube here.