Copyright Strikes Nullify Fair Use

Updated: 2025.10.06 16D ago 3 sources
Rightsholders can file repeated claims that trigger YouTube’s three‑strike ban even when short clips qualify as fair use. The cost and risk of contesting each claim shifts power from courts to platform enforcement, chilling education and criticism. This turns a legal defense into a practical irrelevance for creators. — It shows how private platform rules can override statutory protections, reframing copyright and speech debates around enforcement design rather than black‑letter law.

Sources

Let Taylor Swift rip off other artists
Jordan Weissmann 2025.10.06 60% relevant
The piece argues that broad, vibe‑based infringement claims (post‑Blurred Lines) chill creative referencing and sampling—akin to how platform copyright enforcement chills fair use—while a 2024 ruling may rebalance toward permissive use.
Disney Sued by Law Firm Wanting to Use 'Steamboat Willie' in Its Ads
EditorDavid 2025.09.21 30% relevant
While not about platform strikes, this article similarly highlights how non‑copyright levers (here, trademarks) can chill legally protected uses. The Morgan & Morgan suit seeks to prevent a de facto restriction on public‑domain use akin to how strike systems can undercut fair‑use rights.
Is Universal Music Going to War with Rick Beato?
Ted Gioia 2025.09.04 100% relevant
Universal Music Group’s claims against Rick Beato’s 10‑second Olivia Rodrigo excerpt forced him to hire a full‑time lawyer and fight thousands of disputes under threat of channel deletion.
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