Home Civil Law Udemy Qualifies for 512(c) Safe Harbor for User-Uploaded Courses-Kinsley v. Udemy –...

Udemy Qualifies for 512(c) Safe Harbor for User-Uploaded Courses-Kinsley v. Udemy – Technology & Marketing Law Blog


This case includes two movies by Kinsley that third events uploaded to the schooling website Udemy. Udemy promptly honored Kinsley’s takedown notices, however he sued in any case. In a reasonably environment friendly opinion, the courtroom grants abstract judgment that Udemy qualifies for the Section 512(c) secure harbor. Some of the statutory evaluation:

Service Provider. Udemy “provides online services to its users in the form of its courses.”

Standard Technical Measures. “There is nothing in the record to indicate that Udemy interfered with any measures that its customers or instructors could use to identify or protect copyrighted works; in fact, their policies accommodated protective measures to stop infringing activity, and permitted users to see ‘free previews’ of courses and report potentially infringing courses and works.” I don’t assume we’ve resolved how normal technical measures would possibly work on paywalled content material, some extent that continues to be moot as long as nothing qualifies as a normal technical measure.

Actual Knowledge. No proof Udemy had precise information of the infringements earlier than the takedown notices.

Right and Ability to Control. “Udemy has over 50,000 courses on its marketplace, and its ability to remove infringing content once notified does not create the ‘right and ability to control’ that § 512 contemplates.”

Expeditious Removal. “Courts have determined that response times to remove infringing material from entities’ websites or systems ranging from 5 to 14 days are expeditious….the Court has no difficulty concluding that Udemy’s responses to Mr. Kinsey’s [sic] copyrights complaints—one within 3 days, the other on the same day—were expeditious.”

Remedies. 512(c) solely moots damages, not an injunction. But “fundamentally, there is no content Udemy can be enjoined to remove because it has already removed the infringing content and banned the account of the infringing instructors.” It’s clear 512(j)’s cures limitation provision aided the courtroom’s conclusion as a result of it takes probably broader cures, like a staydown injunction, off the desk.

Copyright Preemption. Kinsley threw many ancillary claims at Udemy: publicity rights, false promoting, receipt of stolen property, unjust enrichment, and extra. The courtroom says that copyright preemption wipes all of them out. This is slightly like how Section 230 moots tried pleadarounds, however the mixture of 512 and copyright preemption aren’t as sturdy at shutting down pleadarounds.

Case quotation: Kinsley v. Udemy, Inc., 2021 WL 1222489 (N.D. Cal. March 31, 2021). The complaint.

I repeatedly complain about how DMCA secure harbor opinions are lengthy and difficult-to-blog as a result of there are such a lot of elements required to ascertain a profitable 512 protection. In refreshing distinction, this opinion got here in at a comparatively svelte 7 Westlaw pages.


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