COPYRIGHT OWNERS REQUIRED TO CONSIDER FAIR USE DOCTRINE BEFORE ISSUING TAKEDOWN NOTICE UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACTIn a case of first impression, a United States district court has ruled that, under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (DMCA), before demanding that copyrighted material removed from an Internet posting, a copyright owner must evaluate whether the there is a fair use of the copyright. The court held that an allegation that a copyright owner acted in bad faith by issuing a takedown notice without proper consideration of the fair use doctrine is sufficient to state a misrepresentation claim pursuant to the DMCA.
The following questions have been addressed in this article:What were Lenz’s factual allegations against Universal?
What were Universal’s main arguments in the case?
On what grounds did the court reject Universal’s arguments?