In In re: DMCA Section 512(h) Subpoena to YouTube (Google, Inc.), (SD NY, Jan. 18, 2022),a New York federal district court quashed a subpoena request under the Digital Millennium Copyright Act seeking the identity of an individual who allegedly infringed copyrights of the Watchtower Bible and Tract Society, the organization that publishes Jehovah’s Witness literature. At issue were satirical YouTube videos posted by a lapsed Jehovah’s Witness, described by the court in part as follows:
Under the pseudonym of “Kevin McFree,” Movant publishes videos on YouTube featuring stop-frame Lego animations set in a fictitious village called “Dubtown” that satirize and criticize the practices of Jehovah’s Witnesses.
The court concluded that because the YouTube postings amounted to fair use, there was no copyright infringement. The court said in part:
Movant’s other videos in his YouTube channel, like the Dubtown Video, all involve stop-frame Lego animations with titles that are derisive about the practices of Jehovah’s Witnesses…. It is well-established that “[a]mong the best recognized justifications for copying from another’s work is to provide comment on it or criticism of it.”
TorrentFreak reports at greater length on the case.