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 © 2024 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

Fanso.io Expands Payment Options With Centrobill Partnership

Payment services provider Centrobill and turnkey subscription platform builder Fanso have partnered to enhance payment options for online marketplace businesses using the Fanso script.

Sara Jay, Dan Leal to Co-Host Heineken Brewery Tour, XBIZ Amsterdam 'Performers' Rights' Panel

Sara Jay and "Porno" Dan Leal will co-host a tour of the historic Heineken brewing factory on Tuesday, Sept. 3 at 1 p.m., during the XBIZ Amsterdam conference.

Vixen, Julmodels to Host 'Club Vixen' Party at XBIZ Amsterdam

Vixen Media Group and premier European talent agency Julmodels will once again team up to host a lavish party at XBIZ Amsterdam: Club Vixen, set to take place the evening of Sept. 4.

Cherie DeVille Lambasts Laila Mickelwait's Anti-Pornhub Book in New Op-Ed

2023 XBIZ Performer of the Year Cherie DeVille has penned a new opinion piece for The Daily Beast, about a new book by religiously motivated anti-Pornhub crusader Laila Mickelwait.

TheArtemiXXX Launches Through YourPaysitePartner

Content creator Artemis Spiegel has launched his new site, TheArtemiXXX.com, through YourPaysitePartner (YPP).

Federal Prosecutors Seek 20-Year Sentences for Remaining Backpage Defendants

Federal prosecutors asked on Monday that the three remaining defendants in the protracted Backpage.com case in Arizona be sentenced to 20 years in prison each.

AI-Powered Chat Service 'Fanalytics' Launches

AI-powered chat service Fanalytics has debuted, aimed at OnlyFans content creators and agencies.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during June and July.

Sansyl to Host 'All Out' Opening Night Bash at XBIZ Amsterdam

The Sansyl Group, the Dutch parent company of PayBig, has signed on to sponsor the official opening night party of XBIZ Amsterdam.

FSC: California's Porn Age Verification Bill Defeated Over Budget Concerns

The California legislature’s age verification bill, one of numerous AV bills being sponsored around the country by anti-porn activists, will not be moving forward, Free Speech Coalition reported Tuesday.

Show More