United States:
Copyright Holders Cautioned To Be Careful About Sending Takedown Notices
09 October 2015
Kirton & McConkie
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In a recent Opinion in Lenz v. Universal, the Ninth Circuit
Court of Appeals held that the Digital Millennium Copyright Act
(DMCA) "requires copyright holders to consider fair use before
sending a takedown notification," and the failure of the
holder to do so "raises a triable issue as to whether the
copyright holder formed a subjective good faith belief that the use
was not authorized by law."
The important bottom line is for copyright holders to use
caution before sending takedown notices to schools and other
entities protected by the fair use doctrine.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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