Step 1: Someone files a copyright claim (or perhaps this is done automatically). This is free.
Step 2: Someone disputes the claim. This is also free, and automatically restores the video.
Step 3: The filer can re-submit the claim but they have to post a bond for the price of a professional manual review by a trained copyright lawyer; maybe $1000.
Step 4: If the video owner can re-dispute the claim; to do so they also have to post a bond for the price of a professional manual review. The trained copyright lawyer comes to a conclusion; whoever "wins" the ruling gets their money back, and the other person pays for the whole thing.
If the video owner doesn't go on to step 4, obviously the copyright claimant gets their money back.
Would this not allow companies with deep pockets to continue to abuse the smaller channels who might not have $1000 lying around to put in escrow on the off chance of losing the $1000 just because some lawyer somewhere made a bad decision? Or they just get their video removed because they dont have $1000 to begin with.
Let's not let the best be the enemy of the good. Right now 1) companies with deep pockets can easily false claims with very little consequences 2) small channels basically have no recourse.
Obviously the whole system is predicated on the lawyers being fair: but assuming the lawyers usually DTRT, then 1) there will be consequences for false claims, resulting in far fewer of them and 2) small channels can get a real human to look at their claims.
No situation is perfect, but I'm pretty sure it would be better.
It would also create an arbitrage opportunity for investors who could inspect the copyright situation and put up the $1000 and collect at the end. The system would work well.
Step 1: Someone files a copyright claim (or perhaps this is done automatically). This is free.
Step 2: Someone disputes the claim. This is also free, and automatically restores the video.
Step 3: The filer can re-submit the claim but they have to post a bond for the price of a professional manual review by a trained copyright lawyer; maybe $1000.
Step 4: If the video owner can re-dispute the claim; to do so they also have to post a bond for the price of a professional manual review. The trained copyright lawyer comes to a conclusion; whoever "wins" the ruling gets their money back, and the other person pays for the whole thing.
If the video owner doesn't go on to step 4, obviously the copyright claimant gets their money back.