Equals Three, LLC v. Jukin Media, Inc.
Opinion
Lead Opinion
Wilson, J.
ORDER GRANTING IN PART AND DENYING.IN PART JUKIN MEDIA, INC.’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND JUDGMENT [34]
I. INTRODUCTION
This copyright action centering around funny videos presents issues that are any *1098 thing but simple. The instant motion requires the Court to evaluate whether a humorist’s use of “viral videos” 1 is a fair use. This complicated inquiry requires this Court to make distinctions along the fuzzy boundaries between commenting on humorous videos in a transformative manner and simply exploiting them for their inherent humor without paying the customary price.
On November 21, 2014, plaintiff and counterclaim defendant Equals Three, LLC (“Equals Three”) sued defendant and counterclaimant Jukin Media, Inc. (“Ju-kin”) for a declaratory judgment and for relief under § 512(f) of the Digital Millennium Copyright Act (“DMCA”) (which prohibits fraudulent use of DMCA takedown notices). Jukin counterclaimed, asserting that Equals Three infringes nineteen of its copyrights. Presently before the Court is Jukin’s motion for partial summary judgment regarding fair use. (Dkt.34.). For the reasons discussed below, the Court GRANTS IN PART and DENIES IN PART Jukin’s…