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In May 2016, a YouTube user Matt Hosseinzadeh sued the YouTube channel h3h3productions (run by Ethan and Hila Klein) citing a video that criticized his content. Fellow YouTube user Philip DeFranco started a GoFundMe fundraiser entitled "Help for H3H3". [36] The initiative raised over $130,000.
Likewise, the noncommercial purpose of a use makes it more likely to be found a fair use, but it does not make it a fair use automatically. [16] For instance, in L.A. Times v. Free Republic , the court found that the noncommercial use of Los Angeles Times content by the Free Republic website was not fair use, since it allowed the public to ...
The DMCA is the basis for the design of the YouTube copyright strike system. [1] For YouTube to retain DMCA safe harbor protection, it must respond to copyright infringement claims with a notice and take down process. [1] YouTube's own practice is to issue a "YouTube copyright strike" on the user accused of copyright infringement. [1]
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).
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]
The use of Content ID to remove material automatically has led to controversy in some cases, as the videos have not been checked by a human for fair use. [26] If a YouTube user disagrees with a decision by Content ID, it is possible to fill in a form disputing the decision. [27]
Judge Louis Stanton dismissed the privacy concerns as "speculative", and ordered YouTube to hand over documents totaling about 12 terabytes of data. [12] On the other hand, Stanton rejected Viacom's request that YouTube hand over the source code of its search engine, saying that it was a trade secret.
Descriptive fair use: Using a descriptive mark in an ordinary, descriptive manner to describe a product or service. For example, describing a component within a dehumidifier as "honeycomb-shaped" was a fair use of a registered trademark for HONEYCOMBE dehumidifiers. [1] In other words, for descriptive fair use to arise, the following must be true: