The Friday Problem

Hearing the “smash hit” from 2011, Friday, in 2023, was not something I expected and it definitely threw me back to middle school.

1. To have this unauthorized version of our client’s song taken off of YouTube, first, we must decide whether this would fall under Fair Use. For the sake of brevity and without going into a Fair Use analysis, we will assume that it does not fall under fair Use, and we can submit a takedown notice. To submit the notice, we have to follow the guidelines set by the Digitial Millennium Copyright Act (DMCA), which include the following:
   1. Send written notice to YouTube, including the specific URL of the infringing content;
   2. Include a statement that the copyright owner has a good faith belief that the Use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
   3. Include a statement that the information in the notification is accurate and under penalty of perjury, that the complaining party has the authority to act on behalf of the owner of an exclusive right that is allegedly infringed; and
   4. Sign the notice electronically or physically. 17 U.S.C. §512(c)(3).
2. Continuing with the hypo, if YouTube receives the takedown notice and ignores it, ARK can pursue legal action against YoutTube for failing to comply with the DMCA. If YouTube responds to the notice and removes the video. Then the problem is solved, and neither party has to go to court. However, PinkDressGirl will be notified of the takedown.
3. As PinkDressGirl, we have two options: (1) we accept the takedown and leave the matter alone, or (2) we can challenge the takedown by filing a counter-notice. While I personally would leave the issue alone, for the sake of argument, let’s say we filed a counter-notice. The advantage of this would be that the video is restored if ARK Music doesn’t pursue legal action within fourteen (14) days. However, we would need to have a “good faith” belief that the video was taken down due to a mistake. Which may be hard to prove. The disadvantage to filing a counter-notice would, of course, be that Ark Music may choose to pursue legal action against us and we would be subject to a lawsuit.
4. Should we continue with the counter-notice, YouTube must (1) forward the notice to Ark Music and (2) if ARK Music doesn’t respond, then re-upload the video on its platform.
5. Once the counter-notice is forwarded to ARK Music, they can either let the video be restored or pursue legal action against PinkDressGirl for infringement. But we must respond within 10 days. During this time, the video will remain down; however, if we don’t respond after those 10 days, the video will be put back on the platform.