IP Law Daily, COPYRIGHT—N.D. Cal.: Dismissal granted in part in YouTube video fair use dispute, (Jan 26, 2026)

By Kevin M. Finson, J.D.

Claims that the use of portions of another’s work uploaded to YouTube were not “fair use” were not a proper subject for declaratory relief because the claim simply anticipated an affirmative defense.

A publisher of YouTube videos failed to state a claim for declaratory relief against a publisher of a competing channel, the U.S. District Court in San Jose has held. He alleged that the competitor uploaded several videos containing content he originally uploaded and as a result, his copyrights were infringed. Claims for misrepresentation in Digital Millennium Copyright Act (DMCA) counter-notices and for circumvention of technological measures were properly pled, however (Cordova v. Huneault, No. 5:25-cv-04685-VKD (N.D. Cal. Jan. 23, 2026)).

Christopher J. Cordova was the owner and operator of a YouTube channel called “Denver Metro Audits.” Cordova brought suit against Jonathan Huneault, Nneka Ohiri, and 14693663 Canada Inc. (Canada Inc.), the owners and operators of the YouTube channel “Frauditor Troll Channel.” Cordova alleged that Canada Inc. uploaded several videos containing content originally uploaded by Cordova and thereby infringed his copyrights. Cordova also alleged that the defendants made false statements in DMCA counter-notices seeking reinstatement of their videos after Cordova had complained to YouTube, and that they had circumvented technological measures intended to protect his works. Cordova sought declaratory relief. Huneault and Canada, Inc. moved to dismiss the false statements, declaratory relief, and circumvention of technological measures claims.

Misrepresentation in DMCA counter-notices. Cordova alleged that the DMCA counter-notices falsely claimed the videos were removed by mistake because they were protected by the fair use doctrine and were therefore non-infringing. The court held that determination of whether the use of the videos fell under fair use would require determinations of fact and was therefore not determinable on a motion to dismiss. The court found that the complaint contained sufficient factual allegations, including references to Huneault’s own advice to others about how to “beat” copyright strikes, to support the inference that Huneault and the other defendants subjectively understood the notices to be false. The motion to dismiss this count was denied.

Declaratory relief. The court found that Cordova’s request for declaratory relief, which sought a determination that the use of a video entitled Courthouse Fail did not qualify as fair use and an injunction requiring YouTube to remove the video, was an attempt to avoid the copyright registration requirement, noting that Cordova admitted he could not assert a claim for copyright infringement as to that work. The Declaratory Judgment Act did not create a new cause of action, nor could it be properly used to anticipate an affirmative defense such as fair use. Accordingly, the motion to dismiss as to this count was granted.

Circumvention of technological measures. The court found that Cordova had plausibly alleged that YouTube used technological measures, including “rolling-cipher technology” to prevent unauthorized downloading of videos on its platform. The fact that the videos were viewable by the public was immaterial: it was sufficient that the technological measures prevent downloading. Cordova had plausibly alleged the use of “software applications, ripping utilities, or browser extensions specifically designed to bypass” those measures. The court also found that Cordova, as “any person injured by” the circumvention, possessed the necessary statutory standing to bring this count. The court denied the motion to dismiss the circumvention of technological measures claim.

The court granted the motion to dismiss the declaratory relief claim and denied it as to the remaining claims.

The Case is No. 5:25-cv-04685-VKD.

Judge: DeMarchi, V.

Attorneys: Randall Scott Newman (Randall S. Newman, P.C.) for Christopher J. Cordova. Steven C. Vondran (The Law Offices of Steven C. Vondran, PC) for Jonathan Huneault.

Cases: Copyright TechnologyInternet CaliforniaNews