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

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.

Lenz v. Universal Ruling

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Cultpix Debuts AI-Generated Vintage Adult Films at Cannes

At this year’s Cannes Film Festival, B-movie streaming service Cultpix debuted a collection of AI-generated short films drawn from erotic magazine photo spreads published 50 years ago.

Ofcom Fines Youngtek Solutions $800K for AV Noncompliance

U.K. media regulator Ofcom on Wednesday imposed fines totaling 600,000 pounds (more than $800,000) against adult site operator Youngtek Solutions for failing to implement age checks and respond to information requests as required for compliance with the Online Safety Act.

Anna Kolba Makes Her Evil Angel Debut

Anna Kolba has made her debut for Evil Angel alongside director Richard Mann.

Victoria Grant, Dillon Diaz Topline 'TS Lessons' From TransSensual

Victoria Grant and Dillon Diaz headline "TS Lessons," from Mile High Media studio imprint TransSensual.

On the Set: Fast Cars, Sleazy Detectives and Offbeat Mayhem Fuel Ricky Greenwood's 'In the Bag'

Addison Vodka sits behind the wheel of a yellow 1970 Dodge Challenger RT while Elly Clutch rides shotgun, the muscle car's black racing stripe slicing across the hood. Parked beneath the hazy California sky, the whole setup feels like something ripped straight from a Quentin Tarantino film.

JD Directs New Anne Antonela Showcase

Evil Angel has released director JD's latest showcase, titled "Anne Antonela Unleashed."

Aleksa Mink Performs Her 1st Anal for HardX

Aleksa Mink performs her first anal scene alongside multi-XMAs winner Zac Wild in the latest release from HardX.

Isa Bella Stars in Latest From New Sensations

Isa Bella stars with Nathan Bronson in the latest release from New Sensations.

Anissa Kate Stars in Latest From Brazzers

Anissa Kate stars in the new Brazzers release "The Rizz Chronicles: My Stepmom’s BFF."

Ravyn Alexa, Sav Shaw & Elly Clutch Lead Latest From Brazzers

Ravyn Alexa, Sav Shaw, and multi-XMAs winner Elly Clutch star in the latest Brazzers release, "Perfect 10 GF Brings the Heat."

Show More