Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: October 1, 2015
The Firm
201-896-4100 info@sh-law.comA recent appellate court ruling highlighted the fact that requisite consideration of fair use, when it concerns the Digital Millennium Copyright Act, might differ slightly than it traditionally did.
The U.S. 9th Circuit Court of Appeals recently increased the burden on copyright holders attempting to prove infringement following its ruling in favor of Stephanie Lenz against Universal Music. The largest of the record labels attempted to argue that fair use is merely an affirmative defense, but Circuit Judge Richard Tallman stated in his opinion that regarding the Digital Millennium Copyright Act fair use is “uniquely situated” and should be treated differently than other traditional affirmative defenses, the Hollywood Reporter explained.
“We conclude that because 17 U.S.C. § 107 created a type of non-infringing use, fair use is ‘authorized by the law’ and a copyright holder must consider the existence of fair use before sending a takedown notification under § 512(c),” Tallman’s opinion read, according to the news outlet.
In 2007 Lenz posted a 29-second video of her toddler dancing to Prince’s “Let’s Go Crazy” to YouTube. Universal sent the video hosting website a takedown notice alleging that the clip violated publishing rights on the Prince song, and as such was a breach of the record giant’s rights. This allegation was quickly disputed by groups such as the Electronic Frontier Foundation, an organization which eventually represented Lenz in the case against her.
The EFF noted that the Digital Millennium Copyright Act requires copyright holders to at least consider the concept of fair use before issuing a takedown notice. Tallman even noted that, under § 512(f), if a copyright holder neglects to consider fair use there is a liability for damages. Copyright holders must determine that infringing material does not constitute fair use in good faith before proceeding with a takedown notice in order to remain protected from any damages that may result from unwarranted allegations of infringement.
“Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech,” Corynne McSherry, EFF legal director, said in a press release. “We’re pleased that the court recognized that ignoring fair use rights makes content holders liable for damages.”
Still, the ruling wasn’t all bad for copyright holders, the Hollywood Reporter noted. The appeals court also considered what kind of mind frame is required to determine what constitutes fair use. On this, the court decided that if a copyright holder does in fact put the requisite consideration into whether the infringing material falls under the fair use category or not, and, in good faith, determines that it does not, the court is in no position to rule against the plaintiff.
Though the long-lasting dispute ended up in Lenz’s favor this time, it could move up to the Supreme Court since it represents more than just a disagreement over the right to post a video using copyrighted music – the case is, in fact, being used to shape copyright law as we know it.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
Merging two companies is a complex legal and business transaction. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process that involves important corporate governance considerations. A short form merger, in which an acquiring company merges with a subsidiary corporation, offers a more streamlined process. However, […]
Author: Dan Brecher
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!