Randazza Paper Discusses Issues of Fair Use, DMCA Reform

Randazza Paper Discusses Issues of Fair Use, DMCA Reform

LAS VEGAS — The recent Lenz v. Universal case demonstrates that there is a need for greater protection for fair use and a DMCA abuse statute with real teeth, according to a new paper authored by industry attorney Marc Randazza.

In the 39-page paper published in the Vanderbilt Journal of Entertainment and Technology Law, Randazza discusses the issues of fair use and DMCA reform in the context of the Lenz case and then provides a statutory proposal to resolve the problem — in large part making the remedies for violating fair use rights essentially equivalent to the remedies for violating copyrights in the first place.

“Section 512(f) of the Digital Millennium Copyright Act is designed to discourage abuse of the DMCA takedown process,” Randazza notes in the paper’s abstact. "’Abuse’ includes failing to simply consider the application of fair use. However, fair use is a right, not a privilege, and the current version of Section 512(f) is too weak to fully protect fair use, and fair use itself does not have adequate protections under the law.” 

Randazza of Randazza Legal Group told XBIZ that adult entertainment producers often engage themselves in the issues of fair use — “especially when they create productions that are based on other works,” he said.  

“On the enforcement side of things, they are probably the most pirated segment of the entertainment industry, and thus have the most use for 512(f),” he said.

“However, ultimately, stronger fair use does not mean less profits — it means more robust protection for freedom of expression, and that is always a very good thing for the porn industry.”

Randazza’s paper, “Lenz v. Universal: A Call to Reform Section 512(f) of the DMCA and to Strengthen Fair Use,” can be downloaded here.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

AV Bulletin: Canada, Italy, Australia Updates

Since the Supreme Court’s decision in Free Speech Coalition v. Paxton, more state age verification laws have been enacted around the United States, as well as proposed at the federal level and in other countries. This roundup provides an update on the latest news and developments on the age verification front as it impacts the adult industry.

Holly Randall Soft Launches 'Wet Ink' Magazine

Holly Randall has officially soft-launched the creator-focused publication Wet Ink Magazine.

Virginia 'Porn Tax' Bill Delayed Until 2027

A Virginia House of Delegates subcommittee on Monday voted to postpone until next year consideration of a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Virginia Becomes Latest State to Weigh 'Porn Tax'

The Virginia House of Delegates is considering a bill that would impose a 10% tax on the gross receipts of adult websites doing business in that state.

Elizabeth Skylar Launches Production Banner on VRPorn.com

Elizabeth Skylar has launched her own virtual reality production banner on VRPorn.com.

CrakRevenue Introduces 'Trend Explorer' Feature for Affiliates

CrakRevenue has debuted the new Trend Explorer feature for its affiliates.

Tube Sites Submitter Adds AI Video Description Generator

Tube Sites Submitter has introduced a new AI video description generator.

Pineapple Support Releases End of Year Review for 2025

Pineapple Support has released its End of Year Review for 2025, detailing the organization's achievements, challenges, and new initiatives.

XBIZ Miami 2026 Lets the Good Times Roll at New South Beach Venue

Pack your favorite shades and sexiest poolside looks, because XBIZ Miami is splashing into a new hotspot — the chic Goodtime Hotel in the heart of Miami Beach — May 11–14.

Show More