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 © 2025 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

New EU User Stats Could Reclassify Major Adult Sites Under DSA

Three high-traffic adult sites previously classified as “very large online platforms” under the European Union’s Digital Services Act are reporting user numbers below the threshold for that label, opening the way for possible downgrading of their obligations under that law.

Spicerack Launches 'SpicyFanz' Creator Monetization Platform

Adult product marketplace Spicerack Market has launched its SpicyFanz creator monetization platform.

Singapore Livestreamer Jailed for Performing 'Obscene Acts' in Public

A judge in Singapore on Thursday sentenced a Vietnamese woman to three weeks in jail for livestreaming “obscene acts” from a public area.

FSC Withdraws Support for North Dakota AV Bill

The Free Speech Coalition (FSC) has withdrawn its support for an age verification bill in North Dakota, following changes made by the state legislature.

APClips Launches New Blog

APClips has launched a blog, AmateurPorn.com.

Centrobill Launches 'Max' Payment Suite

Payment processing service Centrobill has launched its new Max Suite toolkit.

AEBN Publishes Popular Searches by Country for December, January

AEBN has released the list of popular searches from its straight and gay theaters by country in December and January.

South Dakota Legislators Debate AV Legal Strategies

The South Dakota state Senate Judiciary Committee on Tuesday heard testimony and debate over two competing age verification bills, in a hearing that focused largely on which piece of legislation could best withstand potential legal challenges.

Mobile OnlyFans Management Platform 'TopCreator' Launches

Mobile OnlyFans management and chat platform TopCreator has launched.

JustFor.fans Marks Its 7th Anniversary With Palm Springs Conference

JustFor.fans is celebrating its seventh anniversary with a four-day conference and party in Palm Springs May 18-21.

Show More