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the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. [9] Joseph Story wrote the opinion in Folsom v. Marsh.
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.
Fair use is a legal rationale for reusing copyrighted content in a limited way, such as to discuss or criticize other media. Various YouTube creators have reported receiving copyright strikes for using media in the context of fair use. [7]
Viacom International, Inc. v. YouTube, Inc., 676 F.3d 19 (2nd Cir., 2012), was a United States Court of Appeals for the Second Circuit decision regarding liability for copyright infringement committed by the users of an online video hosting platform. [1]
Lenz v. Universal Music Corp., 801 F.3d 1126 (9th Cir. 2015), is a decision by the United States Court of Appeals for the Ninth Circuit, holding that copyright owners must consider fair use defenses and good faith activities by alleged copyright infringers before issuing takedown notices for content posted on the Internet.
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 laws implementing these limitations and exceptions for uses that would otherwise be infringing broadly fall into the categories of either fair use or fair dealing. In common law systems, these fair practice statutes typically enshrine principles underlying many earlier judicial precedents, and are considered essential to freedom of speech. [62]
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). Russell's reupload of the movie then gets taken down by Lumpy, resulting in Russell's first copyright strike, then Russell receives the email informing him ...