Fair Use Protection and Platform Accountability Act (FUPPA)

Advocacy Statement

PURPOSE: To prevent abuse of content ID and digital copyright enforcement systems by requiring copyright holders (specifically music labels and publishing companies) and digital content platforms (such as YouTube and Spotify) to show probable violation of “Fair Use” BEFORE punitive actions can be legally taken against platform account holders. The goals of this legislation are to protect content creators who abide by “Fair Use”, affirm the presumption of innocence, shift the burden of proof to the accuser, and prohibit the interpretation and enforcement of U.S. copyright law by the platforms outside of the established legal system.

The Fair Use Protection and Platform Accountability Act (FUPPA) is designed to protect creators, educators, commentators, and other lawful users of copyrighted material from unjust takedowns and demonetization by large media entities—particularly record labels, publishing companies, and content platforms. It restores the presumption of innocence, affirms the authority of U.S. law, and curbs private overreach by requiring that platforms only take punitive action after fair use violations are proven, not merely alleged.

Why This Matters

Online platforms like YouTube are frequently pressured by music publishers and other copyright holders to penalize users—often automatically—based on unverified copyright claims; or the platforms take unilateral action on their own initiative. These actions often ignore the clear protections of fair use under U.S. law, resulting in:

Lost income
Content removal
Channel or account termination
Chilling effects on free expression and creativity
Censorship of free speech

Key Provisions:

Platforms cannot take punitive actions unless the legal publisher or copyright holder provides clear and convincing evidence that a user’s content is not protected by fair use.
For uses under 30 seconds of audio/video or 3 paragraphs of written material (neither to exceed 10% of total length), the burden of proof is on the copyright claimant.
Prohibits outsourcing enforcement of U.S. copyright law to private entities or through contract terms.
Empowers wrongfully penalized users to seek statutory, compensatory, and punitive damages, as well as court costs.

Bottom Line:

This bill restores enforcement authority to where it belongs—under U.S. law—and ensures music labels, publishers and content platforms can no longer be used to suppress legitimate content without due process.

Fair Use Protection and Platform Accountability Act (FUPPA)

Draft Summary Legislation

SECTION 1. PURPOSE.

To prevent abuse of digital copyright enforcement systems by requiring legal publishers and copyright holders to demonstrate probable violation of fair use before punitive actions are permitted by digital platforms. This legislation affirms the presumption of innocence, shifts the burden of proof to the accuser, and prohibits private enforcement of U.S. copyright law outside the established legal system.

SECTION 2. FAIR USE DETERMINATION REQUIREMENT.

(a) No online platform operating in the United States shall take punitive enforcement actions (including but not limited to demonetization, removal, de-prioritization, or account suspension) against a user based on claims of copyright infringement that fall within the provisions of Section 107 of Title 17, United States Code (“Fair Use”).

(b) Such evidence must be submitted through a sworn, pre-litigation affidavit by an authorized representative of the copyright holder, detailing:

(i) the nature of the original copyrighted work,
(ii) the specific use at issue,
(iii) a good-faith analysis of the four factors of fair use, and
(iv) why the use is not protected under U.S. law.

SECTION 3. PROHIBITION ON EXTRAJUDICIAL COPYRIGHT ENFORCEMENT.

(a) No legal publisher or copyright holder may compel, coerce, or direct a digital content platform operating in the United States to take punitive enforcement action based on copyright or content ID claims that are protected under “Fair Use” without judicial review or regulatory due process.

(b) No digital content platform operating in the United States may take punitive enforcement action based on copyright or content ID claims that are protected under “Fair Use” without judicial review or regulatory due process.

(c) No foreign, domestic, or other entity – whether public, private, legal or governmental – shall act as de facto copyright enforcement under U.S. law on U.S.-based platforms.

(d) Any contractual agreement between the legal publisher or copyright holder and digital platforms that bypasses U.S. legal standards for “Fair Use” shall be deemed void and unenforceable within the United States.

SECTION 4. DAMAGES AND REMEDIES FOR WRONGFUL ENFORCEMENT.

(a) Any individual or entity who is subject to wrongful punitive action on or by a digital content platform, based on a copyright claim that is determined to be protected under “Fair Use”, shall be entitled to seek:

(i) Statutory damages of up to $25,000 per incident,
(ii) Restitution for lost income, lost audience, and business disruption,
(iii) Legal fees and court costs, and
(iv) Punitive damages in cases of repeated or malicious abuse.

(b) Actions may be brought in U.S. federal court by affected parties against both the copyright claimant and any digital content platform that knowingly enforced the claim without requiring proof of fair use violation.

SECTION 5. DEFINITIONS.

“Punitive enforcement action” means any platform action that penalizes, restricts, or removes content or user access in response to a copyright claim.

“Digital platform” means any online service, website, or application that hosts user-generated content and operates in the United States.

“Copyright claimant” means any individual, entity, or their representative asserting copyright ownership or enforcement authority.

SECTION 6. EFFECTIVE DATE.

This Act shall take effect 180 days after enactment. Existing claims and enforcement agreements that violate this Act must be rescinded or restructured to comply within 90 days of the effective date.

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#thanks and #threace