Home > News > Ruling: Content Owners Must Consider Fair Use Before Sending Takedown Notice • Bookmark   • Newsletters   • Register Search Options

NEWS STORY

Ruling: Content Owners Must Consider Fair Use Before Sending Takedown Notice

Ruling: Content Owners Must Consider Fair Use Before Sending Takedown Notice
Get XBIZ News
Aug 26, 2008 12:00 PM PDT    Text size: 
SACRAMENTO — A U.S. district court judge ruled this week that content owners must properly consider fair use needs before telling someone to take down a video or article that uses their content.

The ruling, handed down by Judge Jeremy Fogel, specifically touches on the Digital Millennium Copyright Act, or DCMA. Universal's music division had told the maker of a home movie to take down a 29-second video of their baby dancing while Prince's song "Let's Go Crazy" played in the background.

The home-movie maker, Stephanie Lenz, sued Universal on the grounds that the company had misrepresented itself under the DCMA. Universal moved to get the case dismissed on the grounds that they didn't even need to consider fair use needs before sending a notice to take down content.

Judge Foel disagreed.

"[A] fair use is a lawful use of a copyright," he wrote. "Accordingly, in order for a copyright owner to proceed under the DMCA with 'a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law,' the owner must evaluate whether the material makes fair use of the copyright."

Universal argued that if content and copyright owners had to consider fair use needs every time they considered sending a takedown notice, they wouldn't be able to properly guard their copyrights.

Again, Fogel disagreed.

"In the majority of cases, a consideration of fair use prior to issuing a takedown notice will not be so complicated as to jeopardize a copyright owner’s ability to respond rapidly to potential infringements," he wrote. "The DMCA already requires copyright owners to make an initial review of the potentially infringing material prior to sending a takedown notice."

Free Speech Coalition Chairman Jeffrey Douglas told XBIZ that although this ruling includes a refreshingly nuanced look at fair use and copyright issues, it probably won't affect the adult industry much.

"It may be that the fair use of copyrighted music and copyrighted digital images will split," he said. "Cases that look at examples of digital images supported by music will focus on the image."

Douglas explained that even though different modes of legal analysis may be required in these cases, he can't imagine a scenario where fair use could be invoked to protect someone who just puts up an unaltered version of a copyrighted video.

"Because of that, I see this ruling having little impact on adult," he said.

More ways to get XBIZ News:  RSS Feeds  |  E-Newsletters  |  Desktop Widget  |  Mobile
Looking for porn star news and behind-the-scene videos? Check out XFANZ.com !

BUSINESS ANALYSIS

Camming Issue: Studio 20 Snapshot

As one of camming’s most vibrant capitals, Romania boasts a bevy of beautiful and talented models, along with an advanced technological infrastructure and professional cam studios that support this... More »

Camming Issue: An Evolving Business

One of the most visual examples of the growing maturity and success of today’s live webcam industry is found in the emergence of professional cam studios. These facilities evolved from simple locations... More »

Camming Issue: Models vs. Affiliates

One of the most contentious conversations among cam models today involves affiliate promotions that include unauthorized photos or videos of the models. This isn’t a matter of a model’s, network’s,... More »
XBIZ NEWSLETTERS
Stay informed of the latest industry developments. Get XBIZ newsletters delivered to your inbox. Subscribe today!
Enter email address:

* To manage existing subscriptions click here.






POPULAR PRODUCTS & SERVICES
Submit your press release to
multiple news outlets with 1 click.
Subscribe to RSS news feeds or
add free content to your website.
Access XBIZ news and articles
with your mobile device.
Access the latest issues of the industry's leading trade publications in digital form. View online or download for offline viewing.

UPCOMING EVENTS

XBIZ 2017

Jan 09 - Jan 13
Hollywood, CA

XBIZ Awards 2017

Jan 12 - Jan 12
Los Angeles, CA

ANME Founders Show

Jan 14 - Jan 15
Los Angeles Marriott Burbank Airport

Everything To Do With Sex Show

Jan 20 - Jan 22
Montréal, Québec
Everyday thousands of business professionals browse XBIZ's industry directory for quality products and services. Not listed yet? Your company could be losing potential new business. Submit your company today!
Use XBIZ RSS feeds to stay informed of the latest industry developments or as a content syndication tool for your website!