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

Texas Patti Leads Latest From Evil Angel

Texas Patti stars with multi-XMAs winner Mick Blue in the latest release from Evil Angel, directed by Blue and Maestro Claudio.

Lilly Bell, Lily Labeau Front Latest Release From TeamSkeet

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Lily Labeau and Donnie Rock in the latest scene from TeamSkeet’s “Brat Tamer” series, titled “Band Brat Gets a Spanking.”

Raissa Bellini Makes Her MILFY Debut

Raissa Bellini has made her debut for Vixen Media Group studio imprint MILFY, alongside 2025 XMAs Male Performer of the Year Alex Jones.

Octavia Red Stars in Hentaied Pro's Latest Interactive Release

Reigning XMAs Girl/Girl Performer of the Year Octavia Red stars in Hentaied Pro’s latest interactive release, titled "Lady Seraphine."

Penthouse Names Coco Star June's 'Pet of the Month'

Penthouse Magazine has named creator Coco Star as Pet of the Month for June.

Thea Summers Fronts Latest Release From FreeUse

Thea Summers stars with Chloe Rose and Jayden Marcos in the latest scene from Freeuse.

Brazzers Premieres Limited Series 'Slackers Hit The Jackpot'

Brazzers has released the first installment of its new limited series, "Slackers Hit the Jackpot."

Dorcel Drops Clara Mia's 'Sex Invitation'

Clara Mia directs and stars in "Sex Invitation," the latest feature from Dorcel.

Sophia Locke, Leigh Raven Star in Latest From Kink.com

Reigning XMAs MILF Performer of the Year Sophia Locke stars with director Leigh Raven in the latest installment of Kink.com’s "Whipped Ass" series, titled "Locked Down."

Sona Bella Toplines Latest 'Internet Sex Addicts' From Hookup Hotshot

Sona Bella headlines the tenth volume of director Bryan Gozzling’s “Hookup Hotshot: Internet Sex Addicts” from Evil Angel.

Show More