Fair Use Review Must Precede DMCA Takedowns: 9th Circ.

Law360, New York (September 14, 2015, 11:44 AM EDT) -- The Ninth Circuit ruled Monday in a closely watched suit known as the “dancing baby case,” finding copyright owners must consider the fair use doctrine before sending Digital Millennium Copyright Act takedown notices to online hosts like YouTube.

Siding with Stephanie Lenz and rights group Electronic Frontier Foundation, the appeals court said copyright owners like Universal Music Group can only send takedown notices if they’ve come a good faith conclusion that the targeted upload is not a protected fair use of the copyrighted work.

If they have not, they can be held liable for damages under the DMCA's Section 512(f) —...

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