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

Utah VPN Rule Enforcement Pause Extended in Aylo Lawsuit

Provisions of a Utah law making adult websites liable if minors in the state circumvent geolocation efforts to bypass age verification, which were set to come into force in May, have again been put on hold temporarily.

Anti-Censorship Bill Could Shield US Sites From Foreign AV Laws

A Republican congressman has introduced legislation to bar U.S. courts from helping to enforce any foreign law restricting speech that would domestically be protected under the First Amendment, potentially including foreign age verification laws.

X3 Expo 2027 All-Stars Unveiled, Dates Set for Jan. 8-9

X3 Expo will make its L.A. LIVE debut at the JW Marriott on Jan. 8-9, bringing together fans and industry insiders for North America’s largest assembly of stars, alongside a dazzling lineup of attractions spotlighting the cutting edge of modern media and pleasure tech.

Courtney Tillia, Girthmasterr Star in Latest From Brazzers

Courtney Tillia stars with Brazzers exclusive Girthmasterr and Kaiia Eve in the studio's latest release, "Yoga, Massage, Sex...In That Order!"

Adriana Chechik Returns to Dorcel for 'Dirty Game'

Adriana Chechik headlines the latest release from Dorcel, titled “Dirty Game.”

Keeley Kennedy Makes Her WIFEY Debut

Keeley Kennedy has made her debut for Vixen Media Group studio imprint WIFEY alongside her husband Seth and Chocolate Rod.

On the Set: Ricky Greenwood Makes a Case for Dystopian Desire in 'The Tribunal'

Outside a warehouse on a scorching, treeless frontage road in Compton, there is little to suggest that a movie is being made behind its nondescript walls. Similar buildings across the Southwest frequently house adult productions, their unassuming exteriors concealing carefully lit sets where crews labor over every visual detail.

Romantix-Fargo Zoning Dispute Heads Back to District Court

A federal appeals court on Thursday ruled that zoning officials in Fargo, North Dakota, acted in an “arbitrary and capricious” manner when they prevented sex toy retailer Romantix from opening a planned retail store in that city.

Leana Lovings Fronts Latest From Pure Taboo

Leana Lovings stars with Jason Sarcinelli in the latest release from Pure Taboo, titled "Swapping Students."

Reina O'Hara Is Hustler's 'Cover Honey' for September

Reina O’Hara is the Cover Honey for the September issue of Hustler Magazine and appears in a 14-page centerfold spread shot by Davide Esposito.

Show More