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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.
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.
Fair use is a legal rationale for reusing copyrighted content in a limited way, such as to discuss or criticize other media. Several YouTube creators have reported receiving copyright strikes for using media in the context of fair use. [7]
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 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]
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).
Russell excitedly pulls out his phone and records the movie, then he uploads it to YouTube. The narrator tells Russell that he copied someone else's content. The narrator explains what copyright is and how abusing it can negatively impact a content creator (such as being sued, losing all their money, or losing their YouTube account altogether).