Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsLitigationRegulationTechnology Media and TelecomSectionsNewsLJN Newsletters

Fair Use Analysis Before Takedown Notice Is Asked for By Another Federal District

By Stan Soocher
March 30, 2012

Copyright fair use has been procedurally enshrined as an affirmative defense to infringement claims. But in 2009, the U.S. District Court for the Northern District of California startled copyright owners in ruling that, to comply with the “good faith” requirement of '512(c) of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. '512 (http://1.usa.gov/vvSvKc), such content proprietors must conduct a fair-use copyright analysis of unlicensed online uses of their works prior to sending a takedown notice to Internet Service Providers (ISPs). Lenz v. Universal Music Corp., 572 F.Supp.2d 1150 (N.D.Calif. 2008). Now a federal magistrate for the U.S. District Court for the District Montana has adopted the Lenz fair use rule. Ouellette v. Viacom International Inc., 10-133. (Both the California and Montana federal district courts reside within the U.S. Court of Appeals for the Ninth Circuit.)

'Good Faith' Is Subjective

This premium content is locked for LJN Newsletters subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.