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First off today, Ernesto at Torrentfreak writes that a YouTuber has failed in his bid to sue YouTube over the site’s failure to restore his videos and his account following a series of Digital Millennium Copyright Act (DMCA) takedown notices.
The case involves DJ Short-E, a former YouTuber that ran two popular channels. According to him, shortly after he asked why his subscribers were not getting alerts about his new videos and threatened legal action over the issue, he was hit with several copyright takedowns that he claimed were retaliatory in nature. Those takedowns ultimately shuttered his channels and YouTube declined to restore them even after he filed counternotices.
However, the court found that YouTube, because of its terms of service, had no obligation to restore videos and that YouTube was in the right to remove the videos and the channel. The decision has been appealed to the Ninth Circuit Court of Appeals.
Next up today, Andrew Albanese at Publishers’ Weekly reports that Georgia State University (GSU) is seeking nearly $3.2 million in attorneys’ fees and other costs after a third decision in their favor in a legal battle with various publishers.
The case pits three publishers against GSU, which was accused of using publishers’ material without obtaining a license. Three times the judge in the case has found in favor of GSU but twice the Eleventh Circuit Court of Appeals has sent the case back for additional review.
In the most recent ruling, the judge found that 38 out of the 48 claims presented at trial were permitted under fair use. With that victory, GSU is asking to be awarded some $3.2 million in fees and costs. This mirrors the first judgment, which found in favor of GSU and ordered the publishers to pay $3 million in costs. However, that ruling was one of the ones vacated by the Eleventh Circuit.
3: NFHS, Music Publishers Pave the Way for Students to Use Copyrighted Material to Complete the Year
Finally today, Dr. Karissa Neihoff at CHSAANow reports that the National Federation of State High School Associations (NFHS) has reached an agreement with five music publishers to allow students to use musical compositions are part of their course work through June 15.
The publishers involved include Alfred, Barnhouse, Hal Leonard, Warner-Chappell Music and Warner Entertainment. The arrangement allows high schools and their students to use music as part of their assignments and classroom instruction while schools are closed due to the COVID-19 pandemic.
The NFHS represents some 51 member organizations, one for each state and Puerto Rico. The publishers represent approximately 95 percent of all available educational music.