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

AEBN Publishes Report on Ejaculate Trends

AEBN has published a report on ejaculate categories from its straight and gay theaters.

Chaturbate Announces 'CB15' Creator Retreat in Arizona

Chaturbate has announced its CB15 creator retreat, taking place in Scottsdale, Arizona, April 20-23.

EU Cites 4 Adult Sites for AV Breaches

The European Commission has preliminarily found PornHub, Stripchat, XNXX and XVideos to be in breach of Digital Services Act provisions intended to shield minors from adult content.

Kazumi Guests on Chaturbate's 'Sex Tales' Podcast

Kazumi is the latest guest on Chaturbate’s “Sex Tales” podcast, hosted by Melissa Stratton and Vanniall, and streaming on the company’s “Camming Life” YouTube channel.

WIFEY Publishes 'Hotwife Paradox' Report

Vixen Media Group studio imprint WIFEY has published a report on the hotwife lifestyle.

Pineapple Support Partners with Better Life Science's 'STD Hero'

Pineapple Support has partnered with Better Life Science brand STD Hero.

Brazil Sets Enforcement Timeline for New AV Rules

Brazil’s National Data Protection Authority (ANPD) on Friday published a timeline outlining planned steps for monitoring and enforcing age verification under the country’s Digital Statute for Children and Adolescents (Digital ECA), which took effect Tuesday.

Utah Governor Signs 'Porn Tax' and VPN Rule Into Law

Governor Spencer Cox on Friday signed into law a bill to tax adult websites and make them liable if minors circumvent geolocation.

BranditScan Launches 'White Glove' Subscription Tier

BranditScan has launched its new White Glove subscription tier for creators.

German Court: Regulator Can't Block Creator's IG Account, Only Posts

A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.

Show More