Please
answer the following questions about this hypothetical copyright case.
Rita
Espinoza has created a 5-minute video and uploaded it to YouTube. In the video,
Rita has used a 30-second clip of music from Latin jazz musician Tito Puente. She
did not seek permission to use this copyrighted music. Sony/BMG, the copyright
holder of Puente’s music, files suit against both Rita Espinoza and YouTube alleging
copyright infringement. Upon hearing of the lawsuit, YouTube notifies Rita that
it will remove her video and does so within several days of notification of the
lawsuit. Rita argues that her inclusion of copyrighted music is not copyright
infringement because it is a “fair use” of the material. YouTube claims that it
should be exempt from the lawsuit because it complied with “notice and
takedown” exemptions in the Digital Millennium Copyright Act.
1.
Assess Rita Espinoza’s
argument that her inclusion of Tito Puente’s music in her video is a
fair
use. Is this a legitimate claim? What evidence might she use to back her
claim? Remember to consider the 4
elements the courts use to determine whether an infringement has occurred.
2.
Assess YouTube’s argument that it has complied with
the
Digital Millennium Copyright Act. Remember to provide any legal precedent or
other evidence that YouTube can use in its defense.
3.
Will Espinoza be successful in her defense? Why or why
not? Will YouTube be successful in its defense?
Why or why not?
Please
answer these questions in 2-4 pages.
Remember, this assignment is worth 100
points and will be graded on the following criteria: answering the question, clear articulation of
legal principles, clarity of thought, organization, thoroughness of analysis,
and general grammatical correctness.