Bartholomew

Bartholomew v. Youtube, LLC.

Good Law
17 Cal. App. 5th 1217·225 Cal. Rptr. 3d 917
Court of Appeal of CaliforniaNovember 2, 2017H042775California6,642 words

Opinion

lead Opinion

Rushing, J.

*1221 INTRODUCTION

We are asked in this case to decide whether a musician stated a claim for libel per quod against the popular video viewing Web site, YouTube. When YouTube decided to block access to Joyce Bartholomew's video, it posted a statement that the video had violated YouTube's terms of service, a statement which also provided a hyperlink to a list of examples and tips, a list YouTube called its "Community Guideline Tips." In her complaint, Bartholomew alleged that both the statement notifying users that her video had been taken down and the Community Guideline Tips subsection harmed her reputation. The trial court sustained YouTube's demurrer to the sole cause of action, libel per quod , without leave to amend. Bartholomew appeals. For the reasons stated below, we agree with the trial court that Bartholomew has not stated a claim and will therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Joyce Bartholomew (Bartholomew) lives in Naples, Florida. She is a musician who creates and publishes what she calls "original Christian ministry music." Around August 2011, Bartholomew became a volunteer national spokesperson and the "opening act" for concerts involving an…

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