Randazza Paper Discusses Issues of Fair Use, DMCA Reform

Randazza Paper Discusses Issues of Fair Use, DMCA Reform

LAS VEGAS — The recent Lenz v. Universal case demonstrates that there is a need for greater protection for fair use and a DMCA abuse statute with real teeth, according to a new paper authored by industry attorney Marc Randazza.

In the 39-page paper published in the Vanderbilt Journal of Entertainment and Technology Law, Randazza discusses the issues of fair use and DMCA reform in the context of the Lenz case and then provides a statutory proposal to resolve the problem — in large part making the remedies for violating fair use rights essentially equivalent to the remedies for violating copyrights in the first place.

“Section 512(f) of the Digital Millennium Copyright Act is designed to discourage abuse of the DMCA takedown process,” Randazza notes in the paper’s abstact. "’Abuse’ includes failing to simply consider the application of fair use. However, fair use is a right, not a privilege, and the current version of Section 512(f) is too weak to fully protect fair use, and fair use itself does not have adequate protections under the law.” 

Randazza of Randazza Legal Group told XBIZ that adult entertainment producers often engage themselves in the issues of fair use — “especially when they create productions that are based on other works,” he said.  

“On the enforcement side of things, they are probably the most pirated segment of the entertainment industry, and thus have the most use for 512(f),” he said.

“However, ultimately, stronger fair use does not mean less profits — it means more robust protection for freedom of expression, and that is always a very good thing for the porn industry.”

Randazza’s paper, “Lenz v. Universal: A Call to Reform Section 512(f) of the DMCA and to Strengthen Fair Use,” can be downloaded here.

Related:  

Copyright © 2024 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

Missouri Republican Behind FOSTA-SESTA Renews Attack on OnlyFans

Rep. Ann Wagner, the Missouri Republican legislator who was the original architect of FOSTA-SESTA, has renewed her call for federal action against OnlyFans.

Idaho Legislature Passes Republican Age Verification Bill With Full Democratic Support

The Idaho legislature has passed the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

Pre-Nom Period for 2024 XBIZ Creator Awards Ends Monday

The deadline for pre-nomination entries for the 2024 XBIZ Creator Awards is Monday, March 18 at 11:59 p.m. PDT.

Rep. Alexandria Ocasio-Cortez Partners With Anti-Porn Lobby NCOSE

Democratic New York Rep. Alexandria Ocasio-Cortez issued a press statement last week prominently highlighting her partnership with religiously-inspired anti-porn lobby NCOSE, an organization that seeks to criminalize all sex work and eradicate adult content, and that has an extensive, well-documented history of championing state censorship and opposing LGBTQ+ rights.

Age Verification Trade Group Weighs In on UK Consultation

The Age Verification Providers Association (AVPA) filed earlier this month its response to U.K. media regulator Ofcom's consultation soliciting feedback on the regulation of adult websites under Part 5 of the Online Safety Act.

WIPO Rules in Favor of Clips4Sale, Orders Transfer of Infringing Website

A World Intellectual Property Organization (WIPO) panel has issued a decision ruling against a Russia-based website operator accused of infringing on intellectual property belonging to clip site Clips4Sale.

Indiana Governor Signs Controversial Age Verification Bill Into Law

Indiana’s Republican governor, Eric Holcomb, has signed into law the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

India Censors 18 Social Media Platforms as 'Obscene'

The conservative Hindu nationalist government of Narendra Modhi has blocked 18 social media platforms in India, claiming they “promoted obscenity and vulgarity under the guise of ‘creative expression.’”

ECP Marks Anniversary of Aylo Acquisition With Emphasis on Trust, Safety

Aylo and Ethical Capital Partners released statements on Thursday commemorating the first anniversary of ECP's acquisition of technology and media company Aylo, owner of a large portfolio of adult online entertainment properties.

Pornhub Blocks Access in Texas Over Age Verification

Aylo has blocked access to Pornhub in Texas as of Thursday morning, following the decision by the United States Court of Appeals for the 5th Circuit upholding the state’s controversial age verification law.

Show More