Month: August 2023

2023CopyrightTechnology Law

Keeping the Good Faith: YouTube, Fair Use, and the DMCA

Alexandra M. Even YouTube is an important platform for user-generated content and serves as a positive space for creativity on the internet. Nevertheless, there are some glaring problems with the way YouTube handles copyright infringement. Congress enacted the Digital Millennium Copyright Act (DMCA) before the internet had taken shape into the vast and complex body we know today. Copyright holders are given far more leniency than the creators accused of infringement, largely due to a subjective good faith standard imposed by the courts. This article proposes the good faith standard in ยง 512(c) of the DMCA be amended to incorporate...