Internet users generally think of YouTube as a platform where, if you play by the copyright rules, the content you post is safe from takedown and, if it's taken down improperly, you have some recourse. But that's not the case, thanks to an additional barrier to lawful sharing: meet YouTube's “contractual obligations.” YouTube has made special deals with certain rightsholders that allows them to dictate where and how their content can be used on the site. If your video uses content controlled by these rightsholders, and they object to that use, YouTube will take your video offline and won't restore it unless you can get the rightsholder's permission. Because the takedown isn't subject to the DMCA, the rightsholder has no legal obligations to consider whether your use is a lawful fair use. Given the importance of YouTube as a platform for expression, these deals can have dangerous consequences for online speech. A case in point: the…
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