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The FAIR USE Act is Boucher’s third attempt at reforming provisions within the DMCA, the previous two being the Digital Media Consumers' Rights Acts (DMCRA) of 2003 and 2005. [3] Previously, Boucher co-sponsored the “ Benefit Authors without Limiting Advancement or Net Consumer Expectations ,” or “BALANCE Act,” which sought to amend ...
The recitation or performance of a work, if it had been made accessible to the public, and if done in private and free of charge. Performance of a work done under a charitable or religious institution shall also fall under this. [5]: Sec. 10.1 The quotation of published works if they are compatible with fair use and only to an extent.
He said that mandating video-sharing sites to proactively police every uploaded video "would contravene the structure and operation of the D.M.C.A." [8] Stanton also noted that YouTube had successfully enacted a mass take-down notice issued by Viacom in 2007, indicating that this was a viable process for addressing infringement claims.
[31] [32] This prompted YouTube's CEO Susan Wojcicki to respond three months later with "Thank you @YouTube community for all the feedback. We're listening" in February 2016. [33] Videos continued to be removed and flagged on the site when copyright claims were made against uploaders for using the alleged use of protected material.
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The first Fair Use Week included blog posts from national and international fair use experts, live fair use panels, fair use workshops, and a Fair Use Stories Tumblr blog, [83] where people from the world of art, music, film, and academia shared stories about the importance of fair use to their community. [84]
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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]