Legal context: The recent lawsuit brought by the entertainment company, Viacom, against Google’s online video hosting site, YouTube, has raised questions about whether YouTube can protect itself using the fair use defence under the Copyright Act 1976 in the United States. While the judgment in this regard is still awaited, this article explores the possibility of the fair use defence succeeding in the context of YouTube hosting copyrighted content on its website.
Key points: This article discusses the four statutory ingredients of the fair use defence: the purpose and character of use, the nature of the copyrighted work, the amount and substantiality of infringing content, and the impact of the copyrighted work on the market. Through this inquiry, the author concludes that YouTube cannot shield itself using the fair use defence.
Practical significance: The Viacom v YouTube case is extremely pertinent for it may lay down the standard of fair use for content hosting websites on the internet, which have become extremely popular in recent times.
Kumar, Parul.
Locating the Boundary between Fair Use and Copyright Infringement: The Viacom – YouTube Dispute.
Journal of Intellectual Property Law & Practice 184, no. 1 (October 2008).
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