Mass. Court Accepts Subjective Belief Standard in DMCA Takedown Case
On Jan 6, 2025, a Massachusetts federal court ruled subjective good-faith belief suffices for DMCA takedown notices.
Why it matters: This ruling lowers the evidentiary bar for copyright holders, increasing risks for legal ops and GCs managing online content disputes and DMCA compliance. It signals potential challenges in protecting fair use amid easier takedown procedures.
- September 2023: WCAC issued three DMCA takedown notices targeting 15 videos by Channel 781 News on YouTube before a local election.
- YouTube removed videos and temporarily disabled Channel 781’s account with 216 videos and nearly 300 followers.
- January 6, 2025: U.S. District Court for Massachusetts allowed Channel 781’s DMCA lawsuit to proceed, declining WCAC’s dismissal motion.
- The court ruled the subjective good-faith belief standard applies for DMCA takedown notices, even if that belief is objectively unreasonable.
In September 2023, the Waltham Community Access Corporation (WCAC) sent three Digital Millennium Copyright Act (DMCA) takedown notices to YouTube concerning 15 videos uploaded by Channel 781 News, a citizen journalism organization in Waltham, Massachusetts.
YouTube subsequently removed the videos and temporarily disabled Channel 781's full account, which contained 216 videos and nearly 300 followers, just days before an important local election.
Channel 781 responded by suing WCAC under Section 512(f) of the DMCA, which imposes liability for knowingly false takedown notices or material misrepresentations.
On January 6, 2025, the U.S. District Court for Massachusetts denied WCAC's motion to dismiss the lawsuit, allowing Channel 781's claims to proceed. The court interpreted the DMCA takedown notice standard as requiring only a subjective good-faith belief of infringement—even if that belief is unreasonable from an objective legal perspective.
This ruling departs from a stricter interpretation requiring an objectively reasonable basis before issuing takedown notices. Instead, it permits takedowns based on the sender's honest belief alone.
The decision lowers the evidentiary burden for copyright holders, potentially enabling faster takedowns but raising concerns over abuse and diminished protections for fair use, especially for journalistic content like Channel 781's use of public city council recordings.
The Electronic Frontier Foundation (EFF), representing Channel 781, announced plans to appeal the ruling, warning that a subjective standard may suppress legitimate speech and allow copyright holders to bypass fair use considerations.
This case illustrates ongoing tension between copyright enforcement and free expression online. Legal teams and general counsel should prepare for evolving standards that could impact content moderation, fair use enforcement, and litigation risks.
By the numbers:
- 15 videos targeted — by WCAC DMCA notices in September 2023
- 216 videos in Channel 781’s YouTube account — temporarily disabled by YouTube
- January 6, 2025 — court date denying dismissal of DMCA lawsuit
Yes, but: The subjective good-faith belief standard increases risks of wrongful takedowns but remains subject to future appellate review and potential reversal.
What's next: The EFF plans to appeal this ruling, so higher courts may clarify the DMCA takedown standards in coming months.