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Universal Music Corp. that copyright holders cannot order the removal of an online file without first determining whether the posting reflected fair use of the material. The case involved Stephanie Lenz from Gallitzin, Pennsylvania, who had made a home video of her 13-month-old son dancing to Prince 's song " Let's Go Crazy ", and posted the 29 ...
Universal Music Corp. (2015) [8] (the "dancing baby" case), the U.S. Court of Appeals for the Ninth Circuit concluded that fair use was not merely a defense to an infringement claim, but was an expressly authorized right, and an exception to the exclusive rights granted to the author of a creative work by copyright law: "Fair use is therefore ...
YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. [1] When a YouTube user gets hit with a copyright strike, they are required to watch a warning video about the rules of copyright and take trivia questions about the danger of copyright. [2] A copyright strike will expire after 90 days.
YouTube's Content ID system was built after the site was sued for $1 billion by the music industry. Now it could be the music industry's best hope against the A.I. threat.
Lenz in turn sent YouTube a counter-notification, claiming fair use and requesting that the video be reposted. Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA, and sought a declaration from the court that her use of the copyrighted song was non-infringing. [3]
Additionally, the fair use defense to copyright infringement was codified for the first time in section 107 of the 1976 Act. Fair use was not a novel proposition in 1976, however, as federal courts had been using a common law form of the doctrine since the 1840s (an English version of fair use appeared much earlier). The Act codified this ...
In the context of American legislation, censorship by copyright has been said to violate the First Amendment; such abuse of copyright is supposed to be limited by fair use, but fair use has been found to be difficult to enforce due to chilling effects of copyright litigation and disparity of power between copyright holders and those seeking ...
Viacom claimed that YouTube had infringed on its copyrights by performing (via Internet transmission), displaying, and reproducing Viacom's copyrighted works. Furthermore, the complaint contended that the defendants "engage in, promote and induce" the infringement, and that they had deliberately built up a library of infringing works in order ...
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