Another 512(f) Case Fails–Handshoe v. Perrett

This is a long-running series of cases. I first blogged a related dispute in 2013 (plus a second blog post in 2013 as well). Regarding this case, Handshoe posted a YouTube video that included a photo apparently owned by a Canadian entity. The Canadian entity submitted a takedown notice in Canada, and YouTube blocked the video in Canada. (The takedown notice was YouTube’s online form, and there is some dispute whether the form constitutes a 512(c)(3) takedown notice). Handshoe made a 512(f) claim based on the takedown notice. It failed: Leary has submitted competent summary judgment evidence demonstrating that he believed that Trout Point Lodge owned the Canadian copyright to the Photograph at issue. As Trout Point Lodge’s director, Leary has sufficiently shown that he held a good-faith belief that Handshoe had no permission from Trout Point Lodge to use, reproduce, or publish the Photograph. Leary completed the online YouTube form only after receiving notification…

Read more detail on Recent Technology posts –

This entry was posted in Technology & Cyberlaw and tagged , , , , . Bookmark the permalink.

Leave a Reply