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Society & Culture
Virtual Legality Episode 159

Jukin Media STRIKES Again: Tyrone Magnus and the DMCA’s Difficulties with Parody/Fair Use

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1y Jan 16, 2020
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YouTuber "MxR Plays" was not the first to be served with a"Notice of Settlement Fees" from viral video licensor Jukin Media, and it certainly looks like they won't be the last.

Now, YouTuber Tyrone Magnus has come forward in his video "Jukin Media Did It to Me Too!" to claim that one of his videos has been struck (not claimed) by Jukin.

Mr. Magnus claims that the video he made was clear commentary on top of a parody created by fellow YouTuber Tony Baker Comedy?

Will that matter?

And how does the language of the DMCA and the case of Lenz v. Universal Music combine to create perverse incentives for both copyright holders and YouTube?

We hope our analysis isn't seen as parody...in Virtual Legality.

#TyroneMagnus #JukinMedia #MxR


Discussed in this episode:

"YouTube’s “MxR Plays”: Fair Use, Extortion, and the Muddy Middle of Copyright (VL155)"
YouTube Video - January 10, 2020 - Hoeg Law
https://youtu.be/VtV_nYZT-mg

"Jukin Media Did It To Me Too!"
YouTube Video - January 15, 2020 - Tyrone Magnus
https://youtu.be/CPWpAKtrV4E

"Feed the Cat! (Official Tony Baker Voice Over Compilation)"
YouTube Video - June 5, 2018 - Tony Baker Comedy
https://youtu.be/7Hd8_xkXCgk

"Try Not To Laugh - AL BUNDY GREATEST HITS/// MARRIED WITH CHILDREN - Reaction!"
YouTube Video - December 28, 2019 - Tyrone Magnus
https://youtu.be/QH4wI4lsaug

"More Information on Fair Use"
US Copyright Office Website
https://www.copyright.gov/fair-use/more-info.html

"EQUALS THREE, LLC v. JUKIN MEDIA, INC."
139 F.Supp.3d 1094
https://www.leagle.com/decision/inadvfdco160726000572

"Limitations on liability relating to material online"
17 USC 512 (the DMCA)
https://www.law.cornell.edu/uscode/text/17/512

Lenz v Universal Music
801 F.3d 1126 (9th Cir. 2015)
https://emedia-law-insider.lexblogplatform.com/wp-content/uploads/sites/323/2015/09/Lenz-v.-UMG-9th-Circuit.pdf


PODCAST VERSIONS AVAILABLE AT

Spotify:
(https://open.spotify.com/show/3qsDhQ7h6BR2wLyNQYDWB4)

iTunes:
(https://itunes.apple.com/us/podcast/virtual-legality/id1448785539?mt=2)

SoundCloud:
(https://soundcloud.com/user-510342404)

Google Play Music:
(https://play.google.com/music/listen#/ps/In3d7qersx72lvzehxo7gu6cd5u)


"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

Rick has practiced for more than a decade at some of the country's largest law firms, representing IT, software, video game, and other technology companies, as well as the individuals and institutions which fund them.

DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

Any and all feedback is appreciated. Let us know what you think!


Blog, "Rules of the Game", at https://hoeglaw.wordpress.com/

About Hoeg Law

The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.


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