YouTube Exits Copyright Lawsuit Over YouTubers’ Videos–Barnes v. Sanchez

July 5, 2026 · by · in Copyright, Derivative Liability

This is a copyright infringement lawsuit among pro se litigants. The dispute sideswipes YouTube, but YouTube is able to exit on a motion to dismiss.

The plaintiff claims a copyright in a book, Drug Lords of Oakland. The defendants operate a YouTube channel, Evil Streets TV. The plaintiff says that the defendants posted 15 videos, each of which narrated a chapter from his book, plus some videos included copyrighted photos from the book. The court implies the dispute roughly followed a DMCA notice-and-takedown protocol: I believe the plaintiff submitted a 512(c)(3) notice, the uploaders counternoticed per 512(g), the plaintiff unmasked the uploaders through a 512(h) unmasking subpoena, and the plaintiff named the uploaders in the lawsuit.

The court allows the plaintiff’s direct copyright infringement claim against the YouTubers to proceed. In contrast, YouTube wins the motion to dismiss:

Direct Infrngement. “Mr. Barnes fails to allege any facts showing YouTube’s control of or active involvement in the alleged infringement on the Evil Streets TV YouTube channel.”

Contributory Infringement. Per Cox v. Sony, “Mr. Barnes does not allege that YouTube intended that its service be used for infringement, that it induced infringement, or that it tailored its service to infringement. In addition, Mr. Barnes does not allege that YouTube has no use beyond its ability to host infringing content, nor could he plausibly make such allegations.”

Vicarious Infringement. The plaintiff’s allegations about right and ability to control were too conclusory. With respect to YouTube’s direct financial interests in the alleged infringement:

there are no allegations that YouTube profited because of the Sanchez defendants’ alleged infringement. At most, Mr. Barnes alleges that YouTube generally profits by hosting and allowing people to view third-party content, including the Sanchez defendants’ videos, and generally by operating the Partner Program according to its terms. The FAC is devoid of any allegations that any individuals sought out YouTube’s services “specifically because of the availability of the infringing material.”

This was a pro se challenge to YouTube’s core business, so it was always doomed to fail. Note that YouTube won without relying on the 512(c) safe harbor.

Case Citation: Barnes v. Sanchez, 2026 WL 1912085 (N.D. Cal. July 2, 2026). The CourtListener page.